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A rights defender, while she was, was taken into custody near her home in early 2024. Accused with a broad allegation, she was held without evidence. Weeks afterward, her family received a call to collect the body of her infant child. The cause of death has not been investigated, and the family has no idea what happened or if she obtained any care after birth.

A Global Issue

Situations like these are alarmingly common in detention centers internationally. Pregnant women are often held in deplorable conditions and deprived of necessary care. Miscarriages occur, others deliver and give birth alone in a detention cell. Tragically, some babies perish behind bars.

"Governments assume it’s a few of women so it’s not an issue, but that is a misconception," states a legal advocate focused on female imprisonment.

"Detention is a terrible place for women, not to mention someone who is pregnant," she adds. "There’s so much evidence that shows how harmful it is. Numerous facilities were constructed with men in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the creation of specific standards for the handling of incarcerated women. This framework clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of restraints on women while giving birth.

But, these guidelines are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Systems

In various regions, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with ex-inmates detail assaults, abuse, and being denied basic supplies. Some resort to exchanging favors with prison staff for food or medical supplies.

"We has recorded miscarriages and the death of several infants … there will be more," says a local lawyer.

Accounts also tell of women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Effects

Data lists some countries as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. The environment for caring for an infant back in prison are alarming, as evidenced by cases of infants succumbing from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a teenager her baby died after delivering unassisted in a cell. Her calls for help went unanswered for an extended period, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced policies for pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Experts and people with experience contend that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Alternatives in the community that address the root causes of women entering the justice system – for example, destitution, violence and substance issues – are really what we should be focusing on."