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A rights defender, who was, was detained near her home in March 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her relatives received a call to retrieve the body of her infant child. The reason of death has not been investigated, and her loved ones remains unaware what happened or whether she received any care after birth.

A Worldwide Issue

These tragic stories are far from uncommon in prisons globally. Women carrying children are often kept in deplorable conditions and not given necessary care. Some miscarry, others go into labour and give birth alone in a cell. Devastatingly, some babies die in custody.

"Countries think it’s a small number of women so it’s not a problem, but that is incorrect," notes a lawyer focused on female imprisonment.

"Incarceration is a harmful place for women, especially not for someone who is expecting," she explains. "There’s so much studies that shows how detrimental it is. Numerous prisons were constructed with men in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the creation of international guidelines for the handling of incarcerated women. This framework specify that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women in childbirth.

However, these rules are consistently flouted around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Systems

In certain nations, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are denied access. Interviews with ex-inmates reveal assaults, abuse, and being denied essential items. Some are forced into exchanging favors with prison staff for food or medical supplies.

"We has documented miscarriages and the loss of four babies … it is certain there are more," reports a rights defender.

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Consequences

Data shows some countries 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 fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of infants succumbing from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed 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 sever the cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies regarding expectant mothers in the legal system. These include:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Experts and people with experience believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the legal system – for example, poverty, abuse and substance issues – are truly what we should be investing in."