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A human rights activist, who was, was taken into custody near her residence in early 2024. Charged with a vague offense, she was held lacking proof. Weeks afterward, her relatives were informed to collect the body of her newborn baby. The cause of death was not looked into, and her loved ones has no idea the circumstances or whether she received any care after birth.

A Global Issue

Cases such as this are not rare within correctional systems internationally. Expectant mothers are often kept in deplorable conditions and deprived of proper healthcare. Miscarriages occur, others deliver and have their babies by themselves in a cell. Devastatingly, infants die in custody.

"Countries assume it’s a small number of women so it’s not an issue, but that’s not true," states a legal advocate working on female imprisonment.

"Detention is not a good environment for women, let alone someone who is expecting," she explains. "Extensive studies that shows how detrimental it is. Most facilities were built 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 handling of incarcerated women. These rules clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of shackles on women while giving birth.

However, these rules are often violated globally. "This is not considered a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In various regions, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been prohibited, and independent monitors are denied access. Interviews with ex-inmates detail assaults, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for nourishment or medical supplies.

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

Reports also indicate women who were chained to medical beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as shown by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a young woman her baby died after delivering unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully advocated for laws that ban shackling 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. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented policies regarding expectant mothers in the justice system. Among them are:

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

Experts and people with experience argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the advocate.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, poverty, abuse and drugs – are really what we should be investing in."