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A human rights activist, who was, was detained near her residence in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were contacted to retrieve the remains of her newborn baby. The reason of death has not been investigated, and her loved ones remains unaware what happened or whether she received any care after birth.

A Global Crisis

Situations like these are far from uncommon in detention centers globally. Expectant mothers are often subjected to appalling situations and deprived of necessary care. Some miscarry, others deliver and have their babies alone in a cell. Tragically, some babies die behind bars.

"Countries think it’s a few of women so it’s insignificant, but that’s not true," notes a lawyer dedicated to women's incarceration.

"Incarceration is not a good environment for women, not to mention someone who is expecting," she continues. "There’s so much research that demonstrates how detrimental it is. Numerous prisons were built with male inmates in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the establishment of international guidelines for the treatment of female prisoners. This framework state that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women during labour.

However, these guidelines are consistently flouted globally. "This is not considered a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In various regions, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women describe beatings, torture, and being denied basic supplies. Some are forced into exchanging favors with prison staff for nourishment or medical supplies.

"We has recorded miscarriages and the death of four babies … there will be more," says a rights defender.

Reports also indicate women who were chained to medical beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Consequences

Statistics lists some countries as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, 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 manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her prison cell set up an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies regarding expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

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