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A rights defender, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Charged with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her relatives received a call to collect the body of her infant child. The reason of death was not looked into, and her loved ones does not know the circumstances or whether she was given any postnatal care.

A Worldwide Problem

Cases such as this are far from uncommon in detention centers globally. Pregnant women are often held in deplorable conditions and deprived of necessary care. Some lose their pregnancies, others go into labour and give birth alone in a prison cell. Tragically, some babies perish behind bars.

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

"Prison is not a good place for women, let alone someone who is pregnant," she continues. "Extensive studies that demonstrates how harmful it is. Most prisons were constructed with men in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. These rules clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of restraints on women during labour.

But, these standards are routinely ignored around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women detail beatings, torture, and being denied essential items. Some resort to trading sex with prison staff for food or medicine.

"Our organisation has recorded miscarriages 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 delivered while watched by male prison guards.

Overcrowding and Its Impact

Data shows some countries as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn back in prison are alarming, as evidenced by cases of babies dying from pneumonia and malnourishment in custody.

Stories from Different Continents

In Zambia, a former inmate recalls being in a detention block with pregnant women. Doors were secured overnight. When someone started giving birth at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. In one case, a teenager her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the United States, a woman who miscarried in her cell set up an organisation. She has successfully advocated for legislation that ban restraints and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held before trial, particularly for pregnant women.
• Permitting 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," argues the advocate.

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