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A human rights activist, who was, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was held lacking proof. Three weeks later, her relatives were contacted to collect the remains of her infant child. The reason of death remains unexamined, and her loved ones has no idea the circumstances or if she obtained any care after birth.

A Global Problem

These tragic stories are alarmingly common in detention centers globally. Women carrying children are often held in appalling situations and denied medical attention. Some miscarry, others deliver and have their babies by themselves in a detention cell. Devastatingly, infants die in custody.

"Governments assume it’s a minority of women so it’s insignificant, but that is incorrect," says a lawyer working on female imprisonment.

"Incarceration is not a good place for women, let alone someone who is pregnant," she continues. "Extensive research that demonstrates how harmful it is. Numerous prisons were designed with male inmates in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the adoption of international guidelines for the treatment of incarcerated women. This framework state that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also forbid the use of shackles on women during labour.

Yet, these standards are routinely ignored globally. "This is not considered a worldwide priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Prisons

In various regions, situations for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with ex-inmates describe assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

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

It is also reported women who were chained to medical beds during labour 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. Women are particularly vulnerable to these conditions. "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 handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of infants dying from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager lost her daughter after delivering unassisted in a prison cell. Her calls for help were ignored for hours, and she was forced to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for laws that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

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 house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and people with experience contend that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the expert.

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