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A human rights activist, who was, was detained near her home in March 2024. Charged with a broad allegation, she was held lacking proof. Weeks afterward, her family were contacted to collect the remains of her infant child. The reason of death has not been investigated, and her loved ones has no idea what happened or whether she received any care after birth.

A Global Issue

Cases such as this are far from uncommon within correctional systems globally. Expectant mothers are often held in terrible environments and denied necessary care. Some miscarry, others go into labour and have their babies by themselves in a cell. Tragically, infants perish behind bars.

"Countries think it’s a few of women so it’s insignificant, but that’s not true," says a legal advocate working on female imprisonment.

"Incarceration is not a good setting for women, especially not for someone who is pregnant," she explains. "Extensive research that demonstrates how damaging it is. Many facilities were built with men 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. These rules clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women during labour.

However, these standards are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with ex-inmates describe assaults, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medical supplies.

"Our organisation has recorded miscarriages and the death of several infants … it is certain there are more," reports a rights defender.

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

Severe Overpopulation and Its Impact

Statistics lists some countries as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as shown by reports of babies succumbing from illness and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a young woman her baby died after delivering unassisted in a cell. Her calls for help were ignored for hours, and she was had to sever the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully pushed for legislation that prohibit shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "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 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

Other countries have implemented measures for expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an option to being held before trial, especially for expectant mothers.
• Permitting the postponement of sentences for pregnant women.

Experts and those who have been incarcerated argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the expert.

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