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A rights defender, at 35 weeks pregnant, was arrested near her residence in March 2024. Accused with a vague offense, she was imprisoned without evidence. Weeks afterward, her relatives were informed to collect the body of her newborn baby. The cause of death was not looked into, and the family does not know what happened or whether she obtained any postnatal care.

A Worldwide Issue

Situations like these are not rare in prisons globally. Expectant mothers are often held in deplorable conditions and denied necessary care. Some lose their pregnancies, others deliver and give birth alone in a cell. Sadly, some babies die while incarcerated.

"Countries think it’s a few of women so it’s insignificant, but that is a misconception," states a legal advocate focused on female imprisonment.

"Prison is a terrible place for women, not to mention someone who is expecting," she adds. "Extensive research that shows how harmful it is. Numerous prisons were designed with men in mind, so women were an afterthought."

Ignored UN Rules

Over 15 years since the establishment of specific standards for the treatment of female prisoners. These rules specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

However, these guidelines are routinely ignored globally. "This isn’t seen as a worldwide priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Prisons

In various regions, conditions for expectant inmates are described as "extremely dire". Family visits have been prohibited, and civil society are barred from entry. Accounts with ex-inmates detail assaults, torture, and being deprived of basic supplies. Some resort to trading sex with prison staff for nourishment or medical supplies.

"We has recorded pregnancy losses and the death of four babies … it is certain there are more," reports a local lawyer.

It is also reported women who were chained to hospital beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Effects

Data shows some nations as having the highest prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of infants dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Doors were locked 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 banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. For example, a young woman lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully pushed for legislation that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, guards chained 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.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she says. This trauma later informed official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented measures regarding pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Advocates and people with experience argue that, often, 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 expert.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, poverty, abuse and substance issues – are really what we should be investing in."