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A human rights activist, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her relatives received a call to retrieve the remains of her infant child. The reason of death remains unexamined, and the family has no idea the circumstances or whether she obtained any care after birth.

An International Issue

These tragic stories are alarmingly common in prisons internationally. Expectant mothers are often held in deplorable conditions and denied proper healthcare. Miscarriages occur, others go into labour and give birth by themselves in a cell. Devastatingly, infants perish behind bars.

"Countries think it’s a minority of women so it’s insignificant, but that’s not true," notes a legal advocate working on women's incarceration.

"Prison is a terrible environment for women, let alone someone who is expecting," she continues. "There’s so much evidence that demonstrates how harmful it is. Numerous prisons were built with male inmates in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the creation of specific standards for the treatment of female prisoners. These rules state that prison 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 during labour.

However, these standards are often violated globally. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Systems

In certain nations, situations for pregnant prisoners are described as "really critical". Family visits have been banned, and rights groups are barred from entry. Accounts with ex-inmates describe beatings, abuse, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medicine.

"Our organisation has recorded miscarriages and the death of several infants … it is certain there are more," says a local lawyer.

Accounts also tell of women who were chained to medical beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Consequences

Data shows some nations as having the most severe overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as evidenced by reports of infants dying from illness and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her calls for help went unanswered for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who miscarried in her prison cell founded an organisation. Her work has successfully pushed for laws that ban restraints and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced policies regarding expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Introducing home detention as an option to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and those who have been incarcerated contend that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and substance issues – are truly what we should be investing in."