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A human rights activist, who was, was taken into custody near her home in March 2024. Charged with a broad allegation, she was imprisoned without evidence. Weeks afterward, her relatives received a call to retrieve the body of her newborn baby. The cause of death has not been investigated, and the family does not know what happened or whether she obtained any care after birth.

A Worldwide Issue

These tragic stories are alarmingly common in detention centers globally. Expectant mothers are often held in appalling situations and not given medical attention. Some miscarry, others begin childbirth and give birth alone in a prison cell. Tragically, some babies perish while incarcerated.

"Governments think it’s a few of women so it’s not a problem, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Incarceration is not a good place for women, especially not for someone who is expecting," she explains. "There’s so much studies that demonstrates how detrimental it is. Many facilities were constructed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the creation of international guidelines for the treatment of female prisoners. These rules clearly say 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 during labour.

However, these standards are routinely ignored globally. "This is not considered a worldwide priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and civil society are denied access. Accounts with formerly incarcerated women detail assaults, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

"We has recorded pregnancy losses and the death of several infants … there will be more," reports a rights defender.

Accounts also tell of women who were shackled to medical 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 world. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by reports of infants dying from illness and malnourishment behind bars.

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a young woman her baby died after giving birth alone in a cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

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 advocacy group. She has successfully advocated for laws that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers 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?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies for pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing 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 believe that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Alternatives in the community that address the root causes of women entering the legal system – for example, poverty, violence and drugs – are really what we should be focusing on."