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A human rights activist, who was, was detained near her home in March 2024. Accused with a broad allegation, she was held without evidence. Weeks afterward, her relatives were informed to retrieve the remains of her infant child. The reason of death has not been investigated, and the family has no idea what happened or if she obtained any postnatal care.

A Worldwide Crisis

These tragic stories are far from uncommon in detention centers globally. Pregnant women are often held in appalling situations and not given medical attention. Some lose their pregnancies, others go into labour and give birth by themselves in a prison cell. Tragically, infants die behind bars.

"Countries believe it’s a few of women so it’s insignificant, but that is incorrect," states a lawyer focused on female imprisonment.

"Detention is not a good environment for women, especially not for someone who is pregnant," she continues. "There’s so much research that demonstrates how damaging it is. Most prisons were designed with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the creation of specific standards for the treatment of incarcerated women. This framework state that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women in childbirth.

Yet, these rules are routinely ignored around the world. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Systems

In certain nations, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and independent monitors are denied access. Interviews with ex-inmates reveal beatings, abuse, and being deprived of essential items. Some resort to trading sex with guards for food or medicine.

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

Reports also indicate women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for caring for an infant upon return in prison are worrying, as shown by cases of infants succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a cell with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager lost her daughter after delivering unassisted in a prison cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully pushed for laws that ban shackling and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies regarding expectant mothers in the legal system. These include:

• Evaluating non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women 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.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, poverty, violence and drugs – are truly what we should be investing in."