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An advocate, who was, was detained near her residence in March 2024. Accused with a vague offense, she was imprisoned without evidence. Three weeks later, her family were informed to retrieve the body of her newborn baby. The cause of death was not looked into, and the family has no idea the circumstances or whether she obtained any care after birth.

A Global Problem

Situations like these are far from uncommon in detention centers globally. Pregnant women are often kept in terrible environments and denied proper healthcare. Some miscarry, others begin childbirth and have their babies unassisted in a detention cell. Sadly, some babies perish in custody.

"Governments believe it’s a small number of women so it’s not an issue, but that is incorrect," says a lawyer focused on women's incarceration.

"Prison is not a good place for women, let alone someone who is expecting," she adds. "There’s so much research that indicates how damaging it is. Many prisons were designed with men in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the adoption of specific standards for the treatment of incarcerated women. These guidelines specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of shackles on women during labour.

However, these rules are consistently flouted globally. "This is not viewed as a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Systems

In certain nations, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women describe beatings, torture, and being denied essential items. Some resort to trading sex with guards for food or medicine.

"Our organisation has recorded pregnancy losses and the loss of several infants … there will be more," says a rights defender.

It is also reported women who were shackled to medical beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Impact

Statistics lists some nations as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn back in prison are alarming, as shown by reports of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a cell with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a young woman lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully advocated for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant 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 perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

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

Potential Reforms

Other countries have implemented policies regarding pregnant women in the justice system. These include:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held on remand, particularly for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and those who have been incarcerated contend that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the legal system – for example, destitution, abuse and drugs – are truly what we should be focusing on."