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A rights defender, while she was, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives were informed to retrieve the remains of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware what happened or whether she obtained any postnatal care.

A Global Crisis

Cases such as this are alarmingly common in detention centers globally. Women carrying children are often held in deplorable conditions and denied proper healthcare. Miscarriages occur, others begin childbirth and have their babies unassisted in a detention cell. Sadly, some babies perish behind bars.

"Governments assume it’s a minority of women so it’s insignificant, but that’s not true," notes a lawyer working on female imprisonment.

"Detention is a terrible setting for women, not to mention someone who is expecting," she continues. "Extensive research that shows how harmful it is. Most facilities were constructed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the establishment 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 be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

However, these guidelines are consistently flouted globally. "This is not viewed as a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and civil society are barred from entry. Accounts with ex-inmates detail assaults, abuse, and being deprived of basic supplies. Some resort to trading sex with guards for nourishment or medicine.

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

It is also reported women who were shackled to medical beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Impact

Statistics lists some countries as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as evidenced by cases of infants dying from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a young woman lost her daughter after delivering unassisted in a prison cell. Her calls for help were ignored for hours, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell founded an advocacy group. She has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she says. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and people with experience believe 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," says the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and drugs – are really what we should be focusing on."