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A human rights activist, at 35 weeks pregnant, was arrested near her home in March 2024. Accused with a broad allegation, she was imprisoned without evidence. Weeks afterward, her relatives were informed to collect the body of her infant child. The reason of death was not looked into, and her loved ones has no idea the circumstances or if she received any postnatal care.

An International Issue

Situations like these are not rare in prisons around the world. Expectant mothers are often kept in appalling situations and deprived of proper healthcare. Some miscarry, others begin childbirth and have their babies unassisted in a prison cell. Devastatingly, some babies die in custody.

"Governments assume it’s a few of women so it’s not an issue, but that is a misconception," says a lawyer working on female imprisonment.

"Detention is not a good place for women, especially not for someone who is pregnant," she adds. "Extensive evidence that demonstrates how detrimental it is. Many prisons were designed with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the adoption of specific standards for the handling of incarcerated women. This framework clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

Yet, these standards are consistently flouted globally. "This isn’t seen as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In certain nations, conditions for expectant inmates are described as "really critical". Family visits have been banned, and independent monitors are barred from entry. Accounts with ex-inmates detail assaults, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medicine.

"We has recorded miscarriages and the loss of several infants … it is certain there are more," says a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Impact

Data lists some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding pregnant women in the legal system. Among them are:

• Considering alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

"Alternatives in the community that address the root causes of women entering the justice system – for example, poverty, violence and drugs – are really what we should be focusing on."