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An advocate, while she was, was taken into custody near her home in early 2024. Accused with a broad allegation, she was jailed without evidence. Weeks afterward, her relatives were contacted to collect the remains of her infant child. The reason of death remains unexamined, and her loved ones has no idea what happened or if she obtained any postnatal care.

A Worldwide Problem

Situations like these are far from uncommon within correctional systems internationally. Pregnant women are often kept in appalling situations and not given medical attention. Some miscarry, others begin childbirth and give birth by themselves in a prison cell. Sadly, some babies perish while incarcerated.

"Governments think it’s a few of women so it’s insignificant, but that’s not true," states a lawyer focused on women's incarceration.

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

Violated UN Rules

Over 15 years since the establishment of international guidelines for the treatment of female prisoners. This framework state that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

However, these rules are often violated around the world. "This is not viewed as a global gender-equality priority," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In some countries, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Interviews with formerly incarcerated women reveal beatings, torture, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

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

Accounts also tell of women who were chained to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Consequences

Data lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable 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 essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as shown by cases of infants succumbing from illness and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting 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 cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies regarding expectant mothers in the legal system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and people with experience argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the advocate.

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