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A human rights activist, while she was, was detained near her residence in March 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her family were contacted to collect the remains of her infant child. The cause of death remains unexamined, and the family does not know what happened or whether she was given any postnatal care.

A Global Problem

These tragic stories are alarmingly common in prisons internationally. Pregnant women are often subjected to appalling situations and denied medical attention. Miscarriages occur, others go into labour and have their babies alone in a cell. Tragically, some babies die in custody.

"Countries assume it’s a few of women so it’s insignificant, but that is incorrect," states a legal advocate dedicated to female imprisonment.

"Prison is a harmful place for women, especially not for someone who is pregnant," she continues. "There’s so much studies that demonstrates how damaging it is. Many facilities were built with male inmates in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the adoption of specific standards for the treatment of incarcerated women. This framework state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of restraints on women in childbirth.

But, these guidelines are often violated around the world. "This is not considered a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In various regions, situations for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Interviews with ex-inmates reveal assaults, torture, and being deprived of basic supplies. Some are forced into trading sex with prison staff for nourishment or medical supplies.

"Our organisation has recorded miscarriages and the death of several infants … there will be more," says a rights defender.

Accounts also tell of women who were chained to hospital beds during labour and gave birth while watched by male officers.

Overcrowding and Its Consequences

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

Pregnant prisoners have been restrained to hospital beds before giving birth. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Doors were secured overnight. When someone started giving birth 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, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a teenager her baby died after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for laws that ban shackling 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. During her delivery, guards shackled her legs to the bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have implemented policies regarding expectant mothers in the justice system. These include:

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

Experts and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."