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A human rights activist, at 35 weeks pregnant, was detained near her residence in March 2024. Accused with a vague offense, she was held lacking proof. Three weeks later, her family were contacted to collect the body of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware what happened or if she obtained any care after birth.

An International Problem

Situations like these are alarmingly common within correctional systems globally. Expectant mothers are often kept in deplorable conditions and deprived of proper healthcare. Some lose their pregnancies, others go into labour and have their babies by themselves in a prison cell. Tragically, infants perish while incarcerated.

"Nations think it’s a minority of women so it’s not an issue, but that’s not true," says a legal advocate dedicated to women's incarceration.

"Prison is a harmful setting for women, not to mention someone who is expecting," she continues. "Extensive studies that demonstrates how detrimental it is. Numerous prisons were built with male inmates in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the establishment of specific standards for the treatment of female prisoners. These rules clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of shackles on women during labour.

But, these guidelines are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In certain nations, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and rights groups are denied access. Interviews with ex-inmates reveal beatings, abuse, and being denied essential items. Some resort to exchanging favors with prison staff for nourishment or medicine.

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

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

Data shows some countries as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "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 restrained to beds prior to delivery. The environment for raising a newborn back in prison are alarming, as shown by reports of infants dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls 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 would be pleading. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a teenager her baby died after delivering alone in a cell. Her calls for help were ignored for an extended period, and she was forced to sever the cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her prison cell set up an organisation. Her work has successfully pushed for laws that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. 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 implemented policies regarding expectant mothers in the justice system. These include:

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

Experts and people with experience argue that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community that address the root causes of women entering the legal system – for example, poverty, violence and drugs – are truly what we should be investing in."