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A human rights activist, while she was, was arrested near her home in March 2024. Charged with a vague offense, she was jailed without evidence. Weeks afterward, her family were contacted to collect the remains of her infant child. The cause of death has not been investigated, and the family remains unaware the circumstances or if she obtained any postnatal care.

A Worldwide Crisis

These tragic stories are alarmingly common within correctional systems internationally. Expectant mothers are often subjected to deplorable conditions and not given medical attention. Some lose their pregnancies, others begin childbirth and have their babies unassisted in a detention cell. Devastatingly, infants die behind bars.

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

"Detention is a terrible environment for women, not to mention someone who is expecting," she continues. "Extensive research that indicates how damaging it is. Numerous facilities were designed with men in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the adoption of specific standards for the handling of female prisoners. These rules specify that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women in childbirth.

Yet, these rules are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, situations for expectant inmates are described as "really critical". Family visits have been banned, and independent monitors are barred from entry. Interviews with ex-inmates describe assaults, abuse, and being deprived of basic supplies. Some resort to trading sex with prison staff for nourishment or medical supplies.

"Our organisation has recorded miscarriages and the loss of several infants … there will be more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Effects

Data lists some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for caring for an infant back in prison are alarming, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a C-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 obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies regarding expectant mothers in the legal system. These include:

• Considering alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the advocate.

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."