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A rights defender, who was, was arrested near her residence in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her family received a call to collect the remains of her newborn baby. The cause of death was not looked into, and the family remains unaware the circumstances or if she was given any care after birth.

A Global Crisis

These tragic stories are alarmingly common in prisons globally. Pregnant women are often subjected to terrible environments and not given proper healthcare. Miscarriages occur, others begin childbirth and have their babies unassisted in a prison cell. Tragically, infants perish in custody.

"Countries assume it’s a minority of women so it’s insignificant, but that is a misconception," says a lawyer focused on women's incarceration.

"Prison is a terrible setting for women, not to mention someone who is expecting," she continues. "There’s so much evidence that shows how detrimental it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the establishment of specific standards for the handling of incarcerated women. These rules specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women in childbirth.

But, these guidelines are often violated globally. "This isn’t seen as a worldwide gender-equality priority," 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 prohibited, and civil society are denied access. Accounts with formerly incarcerated women describe beatings, torture, and being denied essential items. Some resort to exchanging favors with guards for food or medicine.

"We has documented miscarriages and the death of several infants … there will be more," says a local lawyer.

Reports also indicate women who were chained to medical beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant 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 remembers being in a detention block with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a young woman her baby died after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

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

Potential Reforms

Some nations have implemented measures for expectant mothers in the justice system. These include:

• Considering non-custodial options for accused women who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and people with experience believe that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.

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