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A rights defender, while she was, was detained near her residence in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her family were informed to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware what happened or if she obtained any postnatal care.

An International Issue

Cases such as this are not rare in prisons internationally. Women carrying children are often kept in appalling situations and denied proper healthcare. Some miscarry, others go into labour and give birth alone in a cell. Sadly, infants die behind bars.

"Countries assume it’s a few of women so it’s not a problem, but that’s not true," states a legal advocate dedicated to women's incarceration.

"Prison is a terrible environment for women, not to mention someone who is expecting," she explains. "Extensive evidence that demonstrates how harmful it is. Most facilities were built with male inmates in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. These guidelines state that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women in childbirth.

However, these guidelines are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In some countries, situations for expectant inmates are reported to be "really critical". Family visits have been prohibited, and civil society are denied access. Interviews with ex-inmates describe assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

"We has documented pregnancy losses and the loss of four babies … there will be more," says a rights defender.

Reports also indicate women who were chained to medical beds during labour and gave birth while observed by male officers.

Overcrowding and Its Effects

Statistics shows some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by cases of babies dying from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully pushed for legislation that prohibit restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," says the expert.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."