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A human rights activist, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her family received a call to retrieve the remains of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or whether she obtained any postnatal care.

An International Issue

Cases such as this are alarmingly common in detention centers internationally. Expectant mothers are often kept in terrible environments and not given necessary care. Some miscarry, others go into labour and give birth unassisted in a detention cell. Tragically, infants perish in custody.

"Governments think it’s a few of women so it’s not a problem, but that’s not true," says a legal advocate dedicated to female imprisonment.

"Prison is a harmful environment for women, let alone someone who is expecting," she continues. "Extensive evidence that demonstrates how detrimental it is. Numerous prisons were constructed with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the establishment of specific standards for the handling of incarcerated women. These rules specify that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also prohibit the use of shackles on women while giving birth.

But, these standards are consistently flouted around the world. "This is not considered a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Systems

In some countries, conditions for expectant inmates are described as "exceptionally severe". Family visits have been banned, and civil society are denied access. Interviews with formerly incarcerated women reveal beatings, abuse, and being deprived of essential items. Some resort to exchanging favors with guards for food or medicine.

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

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Consequences

Data lists some countries 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 fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as shown by cases of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a young woman lost her daughter after delivering alone in a cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the US, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies for expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Advocates and those who have been incarcerated believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."