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A human rights activist, who was, was arrested near her home in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family received a call to collect the body of her newborn baby. The cause of death has not been investigated, and her loved ones does not know what happened or whether she received any care after birth.

A Worldwide Issue

These tragic stories are alarmingly common in detention centers around the world. Expectant mothers are often held in appalling situations and denied medical attention. Miscarriages occur, others go into labour and have their babies alone in a cell. Tragically, some babies perish behind bars.

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

"Incarceration is not a good environment for women, not to mention someone who is expecting," she continues. "There’s so much studies that indicates how detrimental it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. These guidelines clearly say that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of shackles on women during labour.

However, these standards are consistently flouted around the world. "This is not considered a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women describe assaults, abuse, and being denied basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded pregnancy losses and the loss of several infants … there will be more," says a rights defender.

It is also reported women who were shackled to medical beds during labour and gave birth while observed by male officers.

Overcrowding 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 human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. The environment for caring for an infant back in prison are worrying, as evidenced by reports of babies dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a young woman her baby died after giving birth alone in a 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 traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully pushed for laws that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the justice system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the expert.

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