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A human rights activist, while she was, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her family were informed to collect the remains of her newborn baby. The cause of death was not looked into, and the family has no idea what happened or whether she received any postnatal care.

A Worldwide Issue

Cases such as this are far from uncommon in detention centers globally. Expectant mothers are often kept in deplorable conditions and denied necessary care. Some miscarry, others begin childbirth and have their babies alone in a detention cell. Tragically, infants die in custody.

"Countries think it’s a minority of women so it’s insignificant, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Detention is a terrible place for women, especially not for someone who is pregnant," she continues. "Extensive research that shows how damaging it is. Most prisons were built with men in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines specify that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of restraints on women during labour.

Yet, these rules are often violated globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Prisons

In certain nations, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are denied access. Accounts with ex-inmates detail assaults, abuse, and being denied essential items. Some resort to trading sex with guards for food or medical supplies.

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

Accounts also tell of women who were chained to medical beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Impact

Statistics shows some nations as having the highest overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant back in prison are alarming, as evidenced by cases of babies succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a young woman her baby died after delivering alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

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

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

Potential Reforms

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

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be focusing on."