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A human rights activist, while she was, was arrested near her residence in March 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her family were contacted to collect the remains of her infant child. The cause of death was not looked into, and the family remains unaware the circumstances or if she obtained any postnatal care.

A Global Problem

Cases such as this are far from uncommon in prisons internationally. Expectant mothers are often held in appalling situations and deprived of medical attention. Some miscarry, others go into labour and give birth alone in a detention cell. Tragically, infants die in custody.

"Countries believe it’s a small number of women so it’s not a problem, but that is a misconception," states a legal advocate working on women's incarceration.

"Detention is a terrible setting for women, especially not for someone who is expecting," she explains. "Extensive evidence that shows how detrimental it is. Most prisons were constructed with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the establishment of international guidelines for the treatment of female prisoners. This framework specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

But, these rules are routinely ignored globally. "This is not considered a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Prisons

In various regions, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Interviews with ex-inmates describe beatings, torture, and being denied essential items. Reports indicate some are forced into exchanging favors with guards for food or medicine.

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

It is also reported women who were shackled to hospital beds during labour and delivered while watched by male prison guards.

Severe Overpopulation and Its Consequences

Data shows some nations as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as shown by cases of babies succumbing from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. She has successfully pushed for legislation that ban shackling and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented policies for pregnant women in the legal system. These include:

• Evaluating non-custodial options for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held before trial, particularly for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Community-based solutions that tackle the root causes of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are truly what we should be focusing on."