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A human rights activist, at 35 weeks pregnant, was detained near her home in early 2024. Charged with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her relatives were contacted to collect the body of her infant child. The reason of death has not been investigated, and the family has no idea the circumstances or if she was given any postnatal care.

An International Issue

Cases such as this are not rare in detention centers around the world. Expectant mothers are often held in terrible environments and denied proper healthcare. Some lose their pregnancies, others go into labour and have their babies unassisted in a cell. Tragically, infants die while incarcerated.

"Countries believe it’s a few of women so it’s insignificant, but that’s not true," notes a legal advocate focused on women's incarceration.

"Detention is a terrible setting for women, not to mention someone who is expecting," she explains. "There’s so much evidence that shows how detrimental it is. Most prisons were built with men in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. This framework state that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women while giving birth.

Yet, these guidelines are consistently flouted globally. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

"We has recorded miscarriages and the death of four babies … it is certain there are more," reports a local lawyer.

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

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as shown by reports of babies succumbing from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a teenager lost her daughter after giving birth unassisted in a prison cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. 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 sterilize her. "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 go through," she says. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies regarding expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are really what we should be focusing on."