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A rights defender, at 35 weeks pregnant, was detained near her residence in March 2024. Charged with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her relatives were informed to retrieve the remains of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or whether she obtained any care after birth.

A Global Crisis

Cases such as this are not rare in detention centers internationally. Expectant mothers are often held in terrible environments and denied proper healthcare. Some miscarry, others deliver and have their babies by themselves in a cell. Devastatingly, some babies die while incarcerated.

"Countries assume it’s a few of women so it’s insignificant, but that is a misconception," notes a legal advocate dedicated to women's incarceration.

"Prison is not a good place for women, let alone someone who is expecting," she explains. "There’s so much evidence that demonstrates how damaging it is. Numerous prisons were built with men in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the creation of specific standards for the handling of female prisoners. This framework clearly say that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. They also ban the use of restraints on women in childbirth.

However, these guidelines are often violated globally. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, conditions for expectant inmates are described as "really critical". Family visits have been banned, and civil society are denied access. Interviews with ex-inmates reveal assaults, abuse, and being denied essential items. Some are forced into trading sex with guards for food or medicine.

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

Reports also indicate women who were shackled to medical beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as shown by reports of babies succumbing from pneumonia and malnourishment behind bars.

Stories from Different Continents

In Zambia, a former inmate recalls being in a detention block 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 would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that ban restraints and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented measures for expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Experts and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women coming into contact with the legal system – for example, poverty, violence and substance issues – are truly what we should be focusing on."