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A human rights activist, who was, was taken into custody near her home in early 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her family were contacted to retrieve the remains of her newborn baby. The reason of death has not been investigated, and her loved ones does not know what happened or if she obtained any care after birth.

An International Problem

Cases such as this are alarmingly common within correctional systems internationally. Expectant mothers are often kept in appalling situations and not given necessary care. Some lose their pregnancies, others begin childbirth and give birth by themselves in a cell. Sadly, some babies perish behind bars.

"Governments assume it’s a small number of women so it’s insignificant, but that is a misconception," states a lawyer dedicated to women's incarceration.

"Detention is a harmful environment for women, let alone someone who is expecting," she adds. "There’s so much evidence that shows how harmful it is. Numerous facilities were constructed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

It has been 15 years since the establishment of specific standards for the treatment of incarcerated women. This framework clearly say that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. They also ban the use of shackles on women during labour.

However, these standards are often violated around the world. "This is not considered a worldwide priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In certain nations, situations for expectant inmates are described as "exceptionally severe". Family visits have been banned, and independent monitors are denied access. Accounts with ex-inmates reveal beatings, abuse, and being denied basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation has documented miscarriages and the loss of four babies … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to medical beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Data lists some nations as having the most severe prison occupancy levels in the world. Women 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 basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn back in prison are worrying, as shown by reports of babies succumbing from illness and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a past prisoner recalls 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 begged. Others were praying. Others were hitting the floor 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 cell. Her calls for help went unanswered for hours, and she was forced to sever the cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies for expectant mothers in the legal system. These include:

• Considering alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held before trial, especially for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and substance issues – are really what we should be investing in."