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A human rights activist, while she was, was taken into custody near her residence in March 2024. Charged with a broad allegation, she was held without evidence. Weeks afterward, her relatives were informed to collect the remains of her newborn baby. The cause of death was not looked into, and her loved ones does not know what happened or whether she received any postnatal care.

A Global Issue

Cases such as this are alarmingly common within correctional systems internationally. Pregnant women are often held in appalling situations and deprived of medical attention. Some miscarry, others go into labour and have their babies alone in a prison cell. Sadly, some babies die while incarcerated.

"Nations think it’s a small number of women so it’s not a problem, but that’s not true," states a legal advocate working on women's incarceration.

"Detention is a harmful place for women, not to mention someone who is expecting," she explains. "Extensive research that indicates how detrimental it is. Most facilities were designed with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the creation of specific standards for the treatment of incarcerated women. This framework state that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of shackles on women during labour.

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

Critical Conditions in Packed Prisons

In various regions, conditions for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medicine.

"Our organisation has recorded miscarriages and the loss of four babies … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to medical beds while in labor and delivered while watched by male officers.

Overcrowding and Its Impact

Data lists some nations as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by reports of infants dying from illness and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a cell with expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a teenager her baby died after delivering alone in a prison cell. Her calls for help were ignored for hours, 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 instigate change. In the US, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "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 informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the advocate.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, destitution, abuse and substance issues – are really what we should be focusing on."