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A human rights activist, while she was, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was held lacking proof. Three weeks later, her family received a call to collect the remains of her infant child. The cause of death was not looked into, and her loved ones has no idea the circumstances or if she received any care after birth.

An International Problem

These tragic stories are far from uncommon within correctional systems internationally. Pregnant women are often kept in deplorable conditions and deprived of proper healthcare. Some miscarry, others deliver and have their babies alone in a prison cell. Sadly, some babies perish while incarcerated.

"Countries believe it’s a few of women so it’s not a problem, but that is incorrect," says a lawyer dedicated to female imprisonment.

"Incarceration is not a good environment for women, especially not for someone who is pregnant," she adds. "Extensive evidence that indicates how damaging it is. Many facilities were designed with men in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the establishment of international guidelines for the handling of incarcerated women. These guidelines state that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of restraints on women while giving birth.

But, these guidelines are routinely ignored globally. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and civil society are denied access. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of essential items. Some resort to trading sex with prison staff for nourishment or medicine.

"We has documented pregnancy losses and the loss of several infants … there will be more," reports a local lawyer.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Impact

Data lists some nations as having the most severe prison occupancy levels in the world. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "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 worrying, as shown by reports of infants dying from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. When someone 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 doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. 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 had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, officers shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" 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 stated. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have introduced measures for expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing home detention as an option to being held before trial, particularly for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the expert.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, poverty, violence and substance issues – are truly what we should be focusing on."