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A human rights activist, while she was, was arrested near her home in early 2024. Charged with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her family were informed to collect the remains of her infant child. The reason of death has not been investigated, and her loved ones does not know the circumstances or whether she was given any care after birth.

A Global Crisis

Cases such as this are far from uncommon in detention centers around the world. Expectant mothers are often subjected to appalling situations and not given necessary care. Miscarriages occur, others deliver and give birth unassisted in a prison cell. Sadly, some babies perish in custody.

"Governments believe it’s a minority of women so it’s not a problem, but that’s not true," notes a legal advocate dedicated to female imprisonment.

"Incarceration is a harmful environment for women, let alone someone who is pregnant," she explains. "There’s so much evidence that indicates how harmful it is. Most facilities were designed with men in mind, so women were an afterthought."

Ignored International Guidelines

It has been 15 years since the creation of international guidelines for the handling of incarcerated women. These guidelines specify that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. They also ban the use of restraints on women during labour.

Yet, these rules are often violated globally. "This is not considered a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being denied essential items. Some resort to 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.

Accounts also tell of women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest prison occupancy levels in the world. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of babies succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In one African country, a former inmate recalls being in a cell with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. For example, a teenager lost her daughter after giving birth alone in a cell. Her calls for help went unanswered for hours, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for laws that prohibit restraints and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the bed. Doctors 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?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies regarding expectant mothers in the legal system. These include:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and substance issues – are truly what we should be investing in."