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A human rights activist, at 35 weeks pregnant, was arrested near her home in early 2024. Charged with a vague offense, she was imprisoned without evidence. Weeks afterward, her relatives received a call to collect the body of her infant child. The reason of death was not looked into, and the family has no idea what happened or whether she was given any care after birth.

An International Issue

Cases such as this are not rare in detention centers internationally. Expectant mothers are often subjected to appalling situations and deprived of medical attention. Some miscarry, others go into labour and give birth by themselves in a detention cell. Sadly, infants die behind bars.

"Nations assume it’s a minority of women so it’s not an issue, but that is incorrect," says a legal advocate focused on female imprisonment.

"Incarceration is a harmful setting for women, not to mention someone who is pregnant," she continues. "There’s so much studies that demonstrates how harmful it is. Many prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. This framework specify that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women during labour.

But, these standards are routinely ignored around the world. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, situations for expectant inmates are described as "really critical". Contact with relatives have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail assaults, torture, and being denied essential items. Some are forced into trading sex with prison staff for food or medicine.

"Our organisation has recorded pregnancy losses and the loss of several infants … it is certain there are more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Effects

Statistics lists some nations as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn back in prison are worrying, as shown by cases of babies succumbing from illness and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully pushed for laws that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards chained her legs to the hospital bed. Doctors performed a caesarean 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.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the justice system. These include:

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated contend that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be investing in."