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An advocate, while she was, was detained near her home in March 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her family were contacted to collect the remains of her newborn baby. The reason of death has not been investigated, and her loved ones has no idea what happened or if she received any postnatal care.

A Global Issue

Situations like these are not rare in detention centers globally. Women carrying children are often subjected to appalling situations and denied necessary care. Some miscarry, others begin childbirth and have their babies by themselves in a prison cell. Devastatingly, infants perish in custody.

"Governments assume it’s a small number of women so it’s not an issue, but that is a misconception," states a lawyer focused on female imprisonment.

"Detention is a harmful place for women, let alone someone who is pregnant," she continues. "There’s so much studies that demonstrates how harmful it is. Numerous prisons were built with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the adoption of specific standards for the handling of incarcerated women. These guidelines state that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. They also ban the use of shackles on women during labour.

Yet, these rules are often violated around the world. "This is not viewed as a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In various regions, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women describe assaults, abuse, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

"We has recorded miscarriages and the loss of four babies … it is certain there are more," says a local lawyer.

It is also reported women who were chained to hospital beds while in labor and delivered while observed by male officers.

Overcrowding and Its Effects

Data shows some nations as having the highest overcrowding levels in the world. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of infants succumbing from illness and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager her baby died after giving birth alone in a prison cell. Her calls for help were ignored for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully pushed for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. 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 offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented policies for pregnant women in the justice system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the postponement of sentences for pregnant women.

Experts and those who have been incarcerated argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

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