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A human rights activist, at 35 weeks pregnant, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was held lacking proof. Three weeks later, her family were contacted to collect the body of her infant child. The cause of death remains unexamined, and the family does not know the circumstances or if she received any care after birth.

An International Issue

Situations like these are not rare in detention centers globally. Expectant mothers are often subjected to terrible environments and not given medical attention. Miscarriages occur, others go into labour and give birth alone in a prison cell. Sadly, some babies perish while incarcerated.

"Countries assume it’s a minority of women so it’s not an issue, but that is incorrect," notes a legal advocate focused on female imprisonment.

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

Flouted UN Rules

Over 15 years since the adoption of international guidelines for the handling of female prisoners. These guidelines clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. They also ban the use of shackles on women during labour.

However, these guidelines are often violated around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Dire Situations in Packed Systems

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and rights groups are denied access. Interviews with formerly incarcerated women describe beatings, abuse, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

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

It is also reported women who were chained to hospital beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Impact

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

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of infants succumbing from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a young woman her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for hours, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Hospital staff 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 medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have introduced measures regarding expectant mothers in the legal system. Among them are:

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

Advocates and those who have been incarcerated argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the advocate.

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