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A human rights activist, at 35 weeks pregnant, was taken into custody near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her family were informed to collect the remains of her infant child. The reason of death remains unexamined, and her loved ones remains unaware what happened or if she received any postnatal care.

An International Crisis

Cases such as this are alarmingly common within correctional systems globally. Pregnant women are often kept in appalling situations and deprived of necessary care. Some miscarry, others go into labour and have their babies unassisted in a cell. Devastatingly, some babies die while incarcerated.

"Nations think it’s a few of women so it’s not a problem, but that is incorrect," says a legal advocate dedicated to female imprisonment.

"Detention is a terrible place for women, especially not for someone who is expecting," she adds. "There’s so much studies that indicates how harmful it is. Numerous prisons were built with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the adoption of specific standards for the treatment of female prisoners. This framework clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women during labour.

But, these rules are often violated around the world. "This is not viewed as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Systems

In certain nations, situations for expectant inmates are reported to be "really critical". Family visits have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women describe beatings, torture, and being deprived of basic supplies. Some are forced into exchanging favors with prison staff for nourishment or medical supplies.

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

Accounts also tell of women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Impact

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

Expectant inmates have been restrained to beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by cases of infants succumbing from illness and malnourishment in custody.

Stories from Different Continents

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a young woman her baby died after delivering alone in a prison cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies for pregnant women in the justice system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement 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 criminalised for numerous offenses in the first place," says the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and drugs – are really what we should be investing in."