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A human rights activist, who was, was taken into custody near her residence in March 2024. Accused with a vague offense, she was jailed without evidence. Three weeks later, her family were informed to retrieve the body of her infant child. The cause of death has not been investigated, and the family remains unaware the circumstances or whether she received any postnatal care.

A Global Crisis

Situations like these are far from uncommon in detention centers globally. Expectant mothers are often subjected to deplorable conditions and deprived of necessary care. Some lose their pregnancies, others begin childbirth and give birth by themselves in a cell. Sadly, infants perish while incarcerated.

"Nations assume it’s a minority of women so it’s not an issue, but that is incorrect," states a legal advocate dedicated to women's incarceration.

"Incarceration is not a good setting for women, let alone someone who is pregnant," she adds. "Extensive studies that indicates how damaging it is. Numerous prisons were designed with male inmates in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the establishment of specific standards for the treatment of incarcerated women. These rules clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women while giving birth.

However, these standards are often violated around the world. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Prisons

In some countries, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Interviews with ex-inmates reveal assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

"We has documented miscarriages and the death of several infants … it is certain there are more," reports a rights defender.

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Consequences

Statistics lists some countries as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

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

Accounts from Different Continents

In Zambia, a former inmate remembers being in a detention block with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a teenager lost her daughter after giving birth alone in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her cell set up an organisation. She has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers chained her legs to the bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

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

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the advocate.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, abuse and drugs – are really what we should be investing in."