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A human rights activist, at 35 weeks pregnant, was arrested near her residence in March 2024. Accused with a vague offense, she was jailed without evidence. Weeks afterward, her family received a call to collect the body of her newborn baby. The reason of death has not been investigated, and the family remains unaware what happened or whether she was given any postnatal care.

An International Crisis

These tragic stories are not rare in prisons around the world. Expectant mothers are often held in appalling situations and not given proper healthcare. Some miscarry, others deliver and have their babies unassisted in a detention cell. Devastatingly, some babies die behind bars.

"Countries think it’s a small number of women so it’s insignificant, but that is a misconception," states a lawyer working on women's incarceration.

"Detention is not a good environment for women, not to mention someone who is expecting," she adds. "Extensive evidence that shows how harmful it is. Many prisons were constructed with men in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the establishment of international guidelines for the handling of female prisoners. These rules state that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of restraints on women in childbirth.

But, these guidelines are consistently flouted globally. "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 stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for expectant inmates are reported to be "really critical". Contact with relatives have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being denied basic supplies. Some resort to trading sex with prison staff for food or medical supplies.

"We has documented pregnancy losses and the loss of several infants … it is certain there are more," reports a rights defender.

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

Severe Overpopulation and Its Effects

Data lists some countries as having the most severe overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by reports of babies succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman her baby died after delivering unassisted in a prison cell. Her calls for help went unanswered for hours, and she was had to bite through the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for laws that ban shackling and isolation for pregnant inmates in multiple states.

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

"My ordeal 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 shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures regarding pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Advocates and people with experience believe that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and substance issues – are truly what we should be investing in."