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A human rights activist, who was, was detained near her residence in March 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her family received a call to retrieve the remains of her newborn baby. The reason of death was not looked into, and the family does not know what happened or if she received any care after birth.

An International Problem

Cases such as this are not rare in detention centers around the world. Pregnant women are often held in deplorable conditions and denied proper healthcare. Some miscarry, others deliver and have their babies by themselves in a cell. Sadly, infants perish while incarcerated.

"Nations think it’s a small number of women so it’s insignificant, but that is a misconception," states a legal advocate focused on women's incarceration.

"Prison is a harmful environment for women, let alone someone who is pregnant," she continues. "Extensive studies that indicates how detrimental it is. Many prisons were built with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the establishment of specific standards for the handling of incarcerated women. This framework clearly say that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of shackles on women in childbirth.

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

Severe Hardships in Overcrowded Prisons

In various regions, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and civil society are denied access. Accounts with ex-inmates describe beatings, abuse, and being deprived of essential items. Some are forced into trading sex with prison staff for nourishment or medicine.

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

Reports also indicate women who were shackled to medical beds while in labor and delivered while observed by male officers.

Overcrowding and Its Impact

Data lists some nations as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant back in prison are worrying, as shown by cases of infants succumbing from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced 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 also happen in more developed nations. In one case, a young woman lost her daughter after giving birth alone in a cell. Her calls for help went unanswered for hours, and she was had to sever the cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures for expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, destitution, violence and substance issues – are truly what we should be focusing on."