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A human rights activist, who was, was arrested near her home in March 2024. Charged with a vague offense, she was imprisoned without evidence. Three weeks later, her relatives received a call to retrieve the remains of her infant child. The cause of death remains unexamined, and her loved ones does not know the circumstances or if she obtained any care after birth.

An International Problem

Cases such as this are not rare in detention centers internationally. Expectant mothers are often held in deplorable conditions and denied proper healthcare. Miscarriages occur, others begin childbirth and have their babies unassisted in a prison cell. Sadly, infants die behind bars.

"Governments assume it’s a few of women so it’s not a problem, but that’s not true," states a lawyer dedicated to female imprisonment.

"Incarceration is not a good setting for women, let alone someone who is pregnant," she explains. "There’s so much studies that indicates how detrimental it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the creation of international guidelines for the treatment of female prisoners. This framework clearly say 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 shackles on women in childbirth.

However, these standards are routinely ignored 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."

Severe Hardships in Packed Systems

In certain nations, situations for expectant inmates are described as "really critical". Contact with relatives have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with guards for nourishment or medicine.

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

It is also reported women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Impact

Data lists some nations as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as shown by cases of infants succumbing from pneumonia and malnourishment in custody.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager 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 umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for legislation that prohibit 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 hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced measures for pregnant women in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated believe that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that address the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and substance issues – are truly what we should be focusing on."