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An advocate, at 35 weeks pregnant, was arrested near her residence in early 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her family were contacted to retrieve the remains of her infant child. The cause of death has not been investigated, and the family remains unaware the circumstances or whether she obtained any care after birth.

A Global Problem

Cases such as this are not rare in prisons globally. Pregnant women are often kept in deplorable conditions and denied medical attention. Some lose their pregnancies, others begin childbirth and give birth alone in a cell. Tragically, some babies die in custody.

"Countries assume it’s a few of women so it’s insignificant, but that’s not true," states a lawyer focused on female imprisonment.

"Prison is a terrible setting for women, let alone someone who is expecting," she continues. "There’s so much evidence that shows how detrimental it is. Numerous prisons were constructed with male inmates in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the adoption of international guidelines for the treatment of female prisoners. These rules state that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of restraints on women while giving birth.

Yet, these rules are often violated around the world. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Prisons

In some countries, situations for pregnant prisoners are described as "extremely dire". Family visits have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women describe assaults, torture, and being denied essential items. Reports indicate some are forced into trading sex with guards for food or medicine.

"We has recorded pregnancy losses and the death of four babies … there will be more," says a rights defender.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Effects

Statistics lists some nations as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn back in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. In one case, a young woman her baby died after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

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 laws that ban shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, officers shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced policies for pregnant women in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, particularly for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, often, expectant mothers 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 address the root causes of women coming into contact with the justice system – for example, poverty, violence and substance issues – are truly what we should be investing in."