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A human rights activist, while she was, was arrested near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her family received a call to collect the body of her infant child. The cause of death was not looked into, and the family remains unaware the circumstances or if she obtained any postnatal care.

A Global Crisis

Situations like these are alarmingly common in prisons internationally. Expectant mothers are often held in appalling situations and deprived of medical attention. Miscarriages occur, others begin childbirth and give birth by themselves in a cell. Devastatingly, infants die in custody.

"Countries think it’s a minority of women so it’s insignificant, but that’s not true," states a lawyer working on female imprisonment.

"Detention is a terrible setting for women, not to mention someone who is expecting," she explains. "There’s so much studies that indicates how damaging it is. Numerous facilities were designed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines state that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women during labour.

But, these standards are often violated around the world. "This is not considered a global priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women detail beatings, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for food or medical supplies.

"We has recorded miscarriages and the death of several infants … there will be more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds while in labor and delivered while watched by male prison guards.

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe overcrowding levels in the world. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as shown by reports of infants succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a former inmate remembers being in a detention block with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a young woman her baby died after delivering unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers 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?" 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 shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented measures for expectant mothers in the legal system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Advocates and people with experience argue 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," argues the advocate.

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