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A human rights activist, at 35 weeks pregnant, was detained near her residence in March 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her family were informed to retrieve the body of her newborn baby. The cause of death was not looked into, and her loved ones remains unaware what happened or whether she was given any care after birth.

A Global Crisis

These tragic stories are not rare in detention centers internationally. Women carrying children are often kept in terrible environments and deprived of necessary care. Some lose their pregnancies, others deliver and give birth alone in a prison cell. Devastatingly, infants die behind bars.

"Countries believe it’s a few of women so it’s not a problem, but that is incorrect," states a lawyer focused on female imprisonment.

"Detention is not a good setting for women, not to mention someone who is expecting," she adds. "Extensive studies that shows how harmful it is. Numerous prisons were constructed with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the creation of specific standards for the treatment of incarcerated women. These rules specify that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these guidelines are routinely ignored globally. "This is not considered a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Systems

In various regions, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women describe assaults, torture, and being deprived of basic supplies. Reports indicate some resort to trading sex with guards for food or medical supplies.

"We has documented pregnancy losses and the loss of several infants … there will be more," reports a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Impact

Statistics shows some nations as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as evidenced by cases of infants dying from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with pregnant women. Doors were secured 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 banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a teenager lost her daughter after delivering alone in a cell. Her pleas for assistance went unanswered for hours, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully advocated for legislation that ban restraints and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you want 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. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies regarding expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and people with experience contend that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and drugs – are really what we should be focusing on."