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A human rights activist, who was, was arrested near her home in March 2024. Accused with a vague offense, she was held lacking proof. Weeks afterward, her relatives received a call to collect the body of her newborn baby. The reason of death has not been investigated, and the family remains unaware the circumstances or if she was given any care after birth.

A Worldwide Issue

Situations like these are far from uncommon in detention centers internationally. Expectant mothers are often held in appalling situations and not given proper healthcare. Some miscarry, others go into labour and have their babies alone in a prison cell. Sadly, some babies perish in custody.

"Countries believe it’s a small number of women so it’s not an issue, but that’s not true," states a lawyer dedicated to women's incarceration.

"Prison is not a good setting for women, not to mention someone who is expecting," she continues. "Extensive evidence that indicates how harmful it is. Many prisons were constructed with men in mind, so women were an afterthought."

Ignored UN Rules

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. These guidelines specify that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. They also ban the use of restraints on women in childbirth.

However, these rules are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In certain nations, situations for expectant inmates are reported to be "really critical". Family visits have been banned, and civil society are denied access. Accounts with formerly incarcerated women reveal beatings, abuse, and being denied essential items. Some resort to exchanging favors with prison staff for food or medical supplies.

"We has documented miscarriages and the loss of several infants … it is certain there are more," says a rights defender.

Accounts also tell of women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of babies dying from illness and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone started giving birth 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 gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a young woman lost her daughter after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully pushed for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

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

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the justice system. These include:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held before trial, particularly for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Advocates and people with experience argue that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the advocate.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, destitution, abuse and drugs – are really what we should be investing in."