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A human rights activist, while she was, was arrested near her residence in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to collect the body of her newborn baby. The cause of death has not been investigated, and the family has no idea what happened or if she was given any care after birth.

A Worldwide Crisis

These tragic stories are not rare within correctional systems globally. Pregnant women are often held in terrible environments and denied necessary care. Some lose their pregnancies, others begin childbirth and give birth alone in a prison cell. Tragically, some babies perish while incarcerated.

"Nations assume it’s a few of women so it’s not a problem, but that is incorrect," notes a legal advocate dedicated to women's incarceration.

"Detention is not a good environment for women, not to mention someone who is expecting," she continues. "Extensive research that indicates how damaging it is. Numerous prisons were designed with men in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the adoption of specific standards for the handling of female prisoners. These rules clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women during labour.

Yet, these guidelines are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Prisons

In certain nations, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been banned, and rights groups are barred from entry. Interviews with ex-inmates detail assaults, abuse, and being denied essential items. Some are forced into exchanging favors with guards for food or medicine.

"Our organisation has documented miscarriages and the death of several infants … it is certain there are more," reports a local lawyer.

It is also reported women who were chained to medical beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Impact

Data shows some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as shown by reports of babies dying from pneumonia and severe malnutrition behind bars.

Stories from Different Continents

In Zambia, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager lost her daughter after delivering alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her cell founded an organisation. Her work has successfully pushed for legislation that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures for expectant mothers in the justice system. Among them are:

• Considering non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, especially for pregnant women.
• Allowing for 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. "I question whether women should be criminalised for numerous offenses in the first place," says the advocate.

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