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A rights defender, who was, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was held lacking proof. Weeks afterward, her relatives received a call to retrieve the body of her newborn baby. The reason of death remains unexamined, and the family does not know what happened or whether she obtained any care after birth.

A Global Crisis

These tragic stories are far from uncommon in prisons globally. Women carrying children are often held in terrible environments and deprived of proper healthcare. Miscarriages occur, others go into labour and give birth unassisted in a cell. Tragically, infants die in custody.

"Nations believe it’s a small number of women so it’s insignificant, but that is a misconception," notes a legal advocate working on female imprisonment.

"Incarceration is a terrible place for women, not to mention someone who is pregnant," she explains. "There’s so much studies that indicates how damaging it is. Many facilities were designed with men in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the creation of specific standards for the handling of incarcerated women. These rules specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of restraints on women in childbirth.

But, these guidelines are often violated globally. "This isn’t seen as a global priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Prisons

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and rights groups are denied access. Interviews with ex-inmates detail beatings, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

"We has documented pregnancy losses and the death of several infants … it is certain there are more," says a local lawyer.

It is also reported women who were chained to medical beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Effects

Data shows some countries as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as shown by reports of babies dying from pneumonia and malnourishment in custody.

Stories 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 forced to manage on their own. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a young woman her baby died after delivering alone in a cell. Her calls for help were ignored for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for legislation that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. During her delivery, officers chained 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?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures regarding expectant mothers in the justice system. Among them are:

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

Advocates and those who have been incarcerated argue that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, poverty, violence and drugs – are really what we should be focusing on."