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A human rights activist, while she was, was arrested near her home in early 2024. Accused with a broad allegation, she was imprisoned without evidence. Weeks afterward, her family received a call to retrieve the body of her newborn baby. The cause of death was not looked into, and the family has no idea the circumstances or if she was given any postnatal care.

A Global Problem

These tragic stories are not rare in detention centers around the world. Expectant mothers are often subjected to deplorable conditions and not given necessary care. Some miscarry, others go into labour and have their babies unassisted in a prison cell. Devastatingly, some babies perish in custody.

"Nations assume it’s a minority of women so it’s not an issue, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Detention is not a good environment for women, especially not for someone who is expecting," she continues. "There’s so much research that shows how harmful it is. Most prisons were designed with male inmates in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules state that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of shackles on women during labour.

Yet, these rules are often violated around the world. "This is not viewed as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In certain nations, situations for pregnant prisoners are reported to be "extremely dire". Family visits have been prohibited, and independent monitors are denied access. Accounts with ex-inmates describe assaults, torture, and being denied basic supplies. Some resort to exchanging favors with prison staff for food or medicine.

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

It is also reported women who were chained to medical beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Impact

Statistics shows some countries as having the most severe prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for caring for an infant upon return in prison are worrying, as evidenced by cases of babies dying from pneumonia and severe malnutrition in custody.

Stories from Different Continents

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 left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a young woman lost her daughter after giving birth unassisted in a cell. Her calls for help were ignored for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully advocated for laws that ban restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

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

Potential Reforms

Other countries have implemented policies for pregnant women in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Advocates and people with experience contend that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be investing in."