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A rights defender, while she was, was arrested near her home in March 2024. Charged with a crime of "illicit association", she was jailed without evidence. Weeks afterward, her family were contacted to collect the remains of her infant child. The reason of death remains unexamined, and her loved ones does not know what happened or if she was given any postnatal care.

An International Issue

Cases such as this are alarmingly common within correctional systems internationally. Pregnant women are often subjected to deplorable conditions and deprived of necessary care. Miscarriages occur, others deliver and have their babies unassisted in a detention cell. Sadly, some babies die in custody.

"Nations assume it’s a few of women so it’s not an issue, but that is a misconception," states a lawyer working on women's incarceration.

"Incarceration is a terrible place for women, not to mention someone who is expecting," she explains. "There’s so much research that indicates how damaging it is. Numerous prisons were built with men in mind, so women were an afterthought."

Ignored International Guidelines

It has been 15 years since the creation of specific standards for the handling of incarcerated women. These rules specify that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women during labour.

But, these standards are often violated around the world. "This is not considered a worldwide gender-equality priority," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Systems

In various regions, situations for pregnant prisoners are reported to be "really critical". Family visits have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for food or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Severe Overpopulation and Its Impact

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

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of babies dying from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with pregnant women. Cell doors were secured overnight. When someone went into labour 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 ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. 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 sever the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding pregnant women in the justice system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Experts and people with experience contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the expert.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."