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A human rights activist, at 35 weeks pregnant, was detained near her residence in March 2024. Charged with a crime of "illicit association", she was held without evidence. Weeks afterward, her relatives were contacted to collect the body of her newborn baby. The reason of death remains unexamined, and her loved ones does not know what happened or if she obtained any care after birth.

A Global Issue

Cases such as this are far from uncommon in detention centers globally. Pregnant women are often held in appalling situations and denied necessary care. Some lose their pregnancies, others deliver and give birth by themselves in a cell. Tragically, some babies die behind bars.

"Countries believe it’s a small number of women so it’s insignificant, but that is incorrect," states a lawyer focused on women's incarceration.

"Incarceration is a terrible setting for women, especially not for someone who is expecting," she adds. "There’s so much evidence that shows how harmful it is. Numerous facilities were built with men in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. This framework clearly say that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of restraints on women during labour.

But, these guidelines are routinely ignored around the world. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Systems

In various regions, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with ex-inmates detail beatings, abuse, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … there will be more," says a rights defender.

Reports also indicate women who were shackled to medical beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Effects

Data lists some nations as having the highest prison occupancy levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as shown by reports of babies dying from illness and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a former inmate remembers 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 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 lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was had 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 drive reform. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced measures regarding expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an option to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and people with experience contend that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, poverty, abuse and drugs – are really what we should be investing in."