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A rights defender, at 35 weeks pregnant, was arrested near her home in early 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her family were contacted to collect the body of her infant child. The reason of death was not looked into, and her loved ones remains unaware the circumstances or whether she received any care after birth.

A Global Crisis

Cases such as this are not rare within correctional systems around the world. Expectant mothers are often subjected to appalling situations and not given medical attention. Miscarriages occur, others go into labour and give birth by themselves in a prison cell. Devastatingly, infants perish in custody.

"Countries believe it’s a small number of women so it’s insignificant, but that is incorrect," notes a lawyer focused on female imprisonment.

"Detention is not a good environment for women, especially not for someone who is pregnant," she adds. "Extensive research that demonstrates how detrimental it is. Many prisons were constructed with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the creation of international guidelines for the treatment of female prisoners. These guidelines state that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of restraints on women in childbirth.

But, these standards are consistently flouted globally. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In various regions, situations for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal beatings, abuse, and being deprived of basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … it is certain there are more," reports a local lawyer.

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Overcrowding and Its Impact

Data shows some nations as having the highest prison occupancy levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant back in prison are worrying, as shown by reports of babies succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell doors were locked overnight. When someone 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 floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to instigate change. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully advocated for legislation that prohibit restraints and isolation for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested 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. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented policies regarding expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting 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 tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and drugs – are truly what we should be investing in."