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A human rights activist, at 35 weeks pregnant, was detained near her home in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family received a call to collect the body of her infant child. The cause of death was not looked into, and her loved ones remains unaware what happened or if she obtained any postnatal care.

A Worldwide Crisis

These tragic stories are alarmingly common within correctional systems around the world. Expectant mothers are often subjected to terrible environments and not given proper healthcare. Some miscarry, others deliver and have their babies by themselves in a detention cell. Sadly, some babies perish behind bars.

"Countries believe it’s a small number of women so it’s insignificant, but that is a misconception," notes a legal advocate working on women's incarceration.

"Prison is not a good environment for women, especially not for someone who is pregnant," she continues. "Extensive studies that demonstrates how detrimental it is. Numerous facilities were designed with men in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the establishment of specific standards for the handling of incarcerated women. These rules clearly say that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. They also forbid the use of restraints on women during labour.

However, these rules are often violated globally. "This is not considered a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are reported to be "really critical". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women reveal assaults, torture, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the death of four babies … there will be more," says a rights defender.

It is also reported women who were chained to medical beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of infants succumbing from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a detention block with pregnant women. Cell doors were locked overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a young woman lost her daughter after delivering alone in a cell. Her calls for help were ignored for an extended period, and she was forced to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for laws that ban restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It 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.

Potential Reforms

Some nations have implemented policies for expectant mothers in the legal system. These include:

• Considering non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held before trial, especially for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Experts and those who have been incarcerated believe that, often, expectant mothers ought not to 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 tackle the underlying reasons of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be focusing on."