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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 held without evidence. Three weeks later, her relatives were informed to collect the remains of her newborn baby. The cause of death has not been investigated, and her loved ones does not know what happened or whether she was given any postnatal care.

A Worldwide Problem

Cases such as this are alarmingly common within correctional systems internationally. Pregnant women are often subjected to appalling situations and denied necessary care. Some miscarry, others begin childbirth and give birth alone in a detention cell. Sadly, some babies die in custody.

"Nations assume it’s a few of women so it’s not an issue, but that is incorrect," says a legal advocate dedicated to women's incarceration.

"Detention is a terrible environment for women, not to mention someone who is expecting," she continues. "There’s so much research that indicates how harmful it is. Numerous facilities were constructed with men in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the adoption of specific standards for the handling of incarcerated women. This framework state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women while giving birth.

Yet, these guidelines are often violated globally. "This is not considered a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In some countries, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women reveal beatings, abuse, and being denied basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

"We has documented miscarriages and the death of several infants … there will be more," reports a rights defender.

Reports also indicate women who were shackled to medical beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Impact

Statistics shows some nations as having the highest prison occupancy levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for raising a newborn back in prison are alarming, as shown by cases of infants succumbing from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a teenager lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to instigate change. In the United States, 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 numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

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

Potential Reforms

Other countries have implemented policies regarding expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Introducing home detention as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Advocates and those who have been incarcerated argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that address the root causes of women entering the legal system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."