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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 imprisoned without evidence. Three weeks later, her relatives were informed to retrieve the body of her infant child. The reason of death remains unexamined, and her loved ones has no idea the circumstances or whether she was given any care after birth.

A Worldwide Problem

These tragic stories are not rare within correctional systems globally. Expectant mothers are often kept in deplorable conditions and denied necessary care. Some miscarry, others begin childbirth and give birth alone in a prison cell. Devastatingly, infants perish while incarcerated.

"Nations assume it’s a minority of women so it’s insignificant, but that is a misconception," states a lawyer focused on women's incarceration.

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

Flouted UN Rules

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These rules clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also ban the use of restraints on women during labour.

Yet, these rules are routinely ignored around the world. "This is not viewed as a global priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Prisons

In various regions, conditions for expectant inmates are reported to be "really critical". Contact with relatives have been banned, and rights groups are denied access. Accounts with formerly incarcerated women detail assaults, torture, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for food or medicine.

"Our organisation has documented pregnancy losses and the loss of four babies … it is certain there are more," reports a rights defender.

It is also reported women who were chained to hospital beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Data shows some nations as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by cases of infants succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. 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 prison cell. Her calls for help were ignored for an extended period, and she was had to sever the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell founded an organisation. Her work has successfully advocated for laws that ban shackling and isolation for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, 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. It should never have happened, but this is what women in prison go through," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures for expectant mothers in the justice system. These include:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held before trial, especially for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and drugs – are truly what we should be investing in."