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A human rights activist, who was, was taken into custody near her residence in early 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives received a call to retrieve the remains of her newborn baby. The cause of death was not looked into, and the family remains unaware what happened or whether she received any postnatal care.

A Global Crisis

Cases such as this are alarmingly common in detention centers globally. Pregnant women are often held in deplorable conditions and denied necessary care. Some lose their pregnancies, others go into labour and have their babies unassisted in a prison cell. Sadly, infants perish while incarcerated.

"Nations assume it’s a few of women so it’s insignificant, but that is incorrect," notes a legal advocate focused on female imprisonment.

"Prison is a harmful place for women, let alone someone who is pregnant," she adds. "There’s so much evidence that demonstrates how harmful it is. Numerous facilities were built with men in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the establishment of international guidelines for the handling of female prisoners. These rules clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also ban the use of restraints on women in childbirth.

Yet, these rules are routinely ignored around the world. "This is not viewed as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been prohibited, and rights groups are denied access. Interviews with formerly incarcerated women detail assaults, torture, and being denied basic supplies. Some resort to exchanging favors with guards for food or medical supplies.

"We has documented pregnancy losses and the death of four babies … there will be more," reports a rights defender.

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

Overcrowding and Its Impact

Statistics lists 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."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of babies dying from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell doors were secured overnight. If a woman went into labour 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 gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager her baby died after giving birth alone in a cell. Her pleas for assistance went unanswered for hours, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her 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 given a prison term. During her delivery, guards shackled her legs to the 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 prisoner?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

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, expecting, or breastfeeding.
• Introducing house arrest as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and people with experience argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, destitution, violence and substance issues – are really what we should be investing in."