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A human rights activist, who was, was taken into custody near her home in March 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her relatives were informed 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

Cases such as this are not rare within correctional systems globally. Pregnant women are often held in terrible environments and deprived of proper healthcare. Miscarriages occur, others deliver and give birth unassisted in a cell. Sadly, infants perish behind bars.

"Countries think it’s a minority of women so it’s not a problem, but that’s not true," says a lawyer focused on women's incarceration.

"Prison is a harmful environment for women, let alone someone who is expecting," she continues. "Extensive studies that shows how damaging it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the creation of international guidelines for the handling of female prisoners. These guidelines clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of shackles on women during labour.

However, these standards are consistently flouted globally. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are described as "really critical". Family visits have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women detail beatings, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

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

Reports also indicate women who were shackled to medical beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

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

Stories from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the floor and the doors, yelling: ‘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 unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully pushed for laws that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the justice system. These include:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Experts and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and drugs – are really what we should be focusing on."