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A human rights activist, at 35 weeks pregnant, was detained near her home in March 2024. Charged with a vague offense, she was held without evidence. Weeks afterward, her relatives received a call to retrieve the remains of her infant child. The reason of death was not looked into, and the family remains unaware the circumstances or whether she obtained any postnatal care.

An International Problem

These tragic stories are far from uncommon in detention centers globally. Expectant mothers are often held in terrible environments and denied medical attention. Some lose their pregnancies, others begin childbirth and give birth unassisted in a prison cell. Devastatingly, infants perish behind bars.

"Countries think it’s a small number of women so it’s not a problem, but that’s not true," notes a legal advocate dedicated to women's incarceration.

"Detention is a terrible place for women, let alone someone who is pregnant," she adds. "There’s so much evidence that demonstrates how detrimental it is. Most prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the adoption of international guidelines for the treatment of female prisoners. These guidelines specify that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women during labour.

But, these guidelines are routinely ignored around the world. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In certain nations, situations for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and civil society are barred from entry. Accounts with ex-inmates describe beatings, torture, and being deprived of basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medicine.

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

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

Severe Overpopulation and Its Consequences

Statistics shows some nations as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as evidenced by reports of babies succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Cell doors were locked overnight. If a woman went into labour 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 doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a young woman her baby died after delivering alone in a prison cell. Her calls for help were ignored for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully pushed for laws that prohibit shackling and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have implemented policies regarding expectant mothers in the justice system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates and people with experience contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, destitution, abuse and drugs – are truly what we should be investing in."