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A human rights activist, at 35 weeks pregnant, was arrested near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her family were informed to retrieve the body of her infant child. The cause of death was not looked into, and the family has no idea what happened or if she received any care after birth.

A Global Crisis

Situations like these are not rare in detention centers internationally. Expectant mothers are often subjected to terrible environments and deprived of medical attention. Miscarriages occur, others begin childbirth and give birth unassisted in a detention cell. Tragically, infants die in custody.

"Governments believe it’s a small number of women so it’s not an issue, but that is a misconception," states a lawyer dedicated to women's incarceration.

"Detention is not a good setting for women, let alone someone who is expecting," she continues. "There’s so much evidence that shows how damaging it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the creation of international guidelines for the handling of incarcerated women. This framework state that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women during labour.

However, these guidelines are routinely ignored around the world. "This is not viewed as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Systems

In various regions, conditions for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

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

Reports also indicate women who were shackled to medical beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Impact

Data shows some nations as having the most severe overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as shown by reports of infants dying from illness and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a teenager lost her daughter after giving birth unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her cell founded an organisation. Her work has successfully pushed for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers chained her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced policies for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

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

"Alternatives in the community that address the root causes of women entering the justice system – for example, destitution, violence and substance issues – are really what we should be investing in."