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A human rights activist, while she was, was taken into custody near her residence in early 2024. Charged with a broad allegation, she was held without evidence. Three weeks later, her relatives were informed to retrieve the remains of her infant child. The cause of death has not been investigated, and the family has no idea the circumstances or if she received any care after birth.

An International Issue

Cases such as this are not rare in prisons internationally. Expectant mothers are often kept in terrible environments and not given necessary care. Some miscarry, others deliver and give birth unassisted in a prison cell. Tragically, some babies perish while incarcerated.

"Governments think it’s a few of women so it’s not an issue, but that’s not true," states a lawyer working on female imprisonment.

"Detention is not a good setting for women, let alone someone who is expecting," she explains. "There’s so much studies that shows how harmful it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Violated International Guidelines

It has been 15 years since the establishment of international guidelines for the treatment of incarcerated women. This framework specify that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of shackles on women during labour.

But, these guidelines are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In various regions, conditions for expectant inmates are reported to be "really critical". Family visits have been banned, and civil society are denied access. Interviews with formerly incarcerated women detail beatings, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

"We has recorded miscarriages and the loss of four babies … there will be more," reports a rights defender.

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

Severe Overpopulation and Its Effects

Statistics lists some countries as having the most severe overcrowding levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as evidenced by reports of babies dying from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "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 occur in wealthier countries. In one case, a young woman her baby died after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully advocated for laws that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "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 says. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and people with experience argue that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be investing in."