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A human rights activist, while she was, was detained near her residence in March 2024. Charged with a vague offense, she was held without evidence. Weeks afterward, her relatives received a call to retrieve the body of her newborn baby. The cause of death was not looked into, and the family remains unaware the circumstances or if she obtained any care after birth.

A Global Crisis

Situations like these are far from uncommon in prisons internationally. Expectant mothers are often subjected to terrible environments and deprived of necessary care. Miscarriages occur, others go into labour and give birth alone in a prison cell. Tragically, infants die behind bars.

"Countries believe it’s a few of women so it’s not an issue, but that’s not true," says a lawyer dedicated to female imprisonment.

"Detention is not a good place for women, not to mention someone who is expecting," she adds. "There’s so much evidence that demonstrates how detrimental it is. Numerous prisons were built with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the adoption of specific standards for the treatment of incarcerated women. This framework specify that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women while giving birth.

Yet, these guidelines are consistently flouted around the world. "This is not considered a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women describe beatings, torture, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for food or medicine.

"Our organisation 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 chained to medical beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Impact

Statistics shows some countries as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for caring for an infant back in prison are worrying, as evidenced by cases of babies succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a detention block with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a teenager lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully pushed for laws that prohibit restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies for expectant mothers in the justice system. These include:

• Considering non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated contend that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," says the expert.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, poverty, abuse and substance issues – are really what we should be focusing on."