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A human rights activist, who was, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was jailed without evidence. Three weeks later, her family received a call to collect the remains of her infant child. The reason of death remains unexamined, and the family remains unaware the circumstances or if she received any postnatal care.

An International Problem

Situations like these are far from uncommon in prisons globally. Pregnant women are often held in terrible environments and deprived of proper healthcare. Miscarriages occur, others deliver and have their babies by themselves in a cell. Sadly, infants perish in custody.

"Governments believe it’s a small number of women so it’s insignificant, but that’s not true," states a lawyer dedicated to female imprisonment.

"Incarceration is not a good place for women, let alone someone who is expecting," she continues. "Extensive studies that shows how detrimental it is. Most prisons were built with men in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. This framework clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women while giving birth.

Yet, these standards are often violated globally. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Prisons

In certain nations, situations for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and civil society are denied access. Accounts with formerly incarcerated women describe assaults, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … it is certain there are more," says a local lawyer.

Reports also indicate women who were shackled to medical beds while in labor and gave birth while watched by male prison guards.

Overcrowding and Its Effects

Data shows some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and malnourishment in custody.

Stories from Different Continents

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a young woman lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for laws that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies for expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and people with experience believe that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the advocate.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are really what we should be focusing on."