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A human rights activist, at 35 weeks pregnant, was arrested near her residence in early 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives received a call to collect the remains of her newborn baby. The reason of death remains unexamined, and the family has no idea what happened or whether she received any care after birth.

An International Crisis

Cases such as this are not rare in detention centers internationally. Pregnant women are often kept in terrible environments and not given medical attention. Miscarriages occur, others begin childbirth and have their babies alone in a detention cell. Devastatingly, some babies perish behind bars.

"Governments think it’s a small number of women so it’s not a problem, but that is incorrect," states a lawyer focused on women's incarceration.

"Prison is not a good place for women, especially not for someone who is pregnant," she continues. "There’s so much evidence that demonstrates how damaging it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. These rules state that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of restraints on women while giving birth.

Yet, these rules are often violated around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Packed Prisons

In some countries, situations for expectant inmates are reported to be "extremely dire". Family visits have been banned, and rights groups are denied access. Interviews with formerly incarcerated women describe assaults, torture, and being deprived of essential items. Reports indicate some are forced into trading sex with guards for nourishment or medicine.

"Our organisation has recorded miscarriages and the death of several infants … it is certain there are more," says a rights defender.

Reports also indicate women who were chained to medical beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Data shows some countries as having the highest overcrowding levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as evidenced by reports of infants succumbing from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell set up an organisation. Her work has successfully pushed for legislation that prohibit shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

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

Potential Reforms

Some nations have implemented policies for pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Permitting the deferral of prison terms 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 criminalised for numerous offenses in the first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are really what we should be focusing on."