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A human rights activist, at 35 weeks pregnant, was arrested near her residence in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives received a call to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones remains unaware what happened or whether she was given any postnatal care.

A Global Issue

Situations like these are alarmingly common in prisons around the world. Women carrying children are often held in deplorable conditions and not given medical attention. Some lose their pregnancies, others deliver and give birth by themselves in a prison cell. Sadly, some babies die while incarcerated.

"Governments assume it’s a few of women so it’s not a problem, but that is a misconception," says a legal advocate dedicated to women's incarceration.

"Incarceration is a terrible place for women, not to mention someone who is expecting," she continues. "Extensive evidence that indicates how detrimental it is. Many facilities were built with male inmates in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the adoption of international guidelines for the treatment of female prisoners. These guidelines state that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. They also ban the use of restraints on women while giving birth.

However, these standards are often violated around the world. "This isn’t seen as a worldwide priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with ex-inmates reveal assaults, abuse, and being deprived of essential items. Some are forced into exchanging favors with guards for food or medical supplies.

"We has recorded miscarriages and the death of four babies … there will be more," says a local lawyer.

It is also reported women who were chained to medical beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest overcrowding levels in the world. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as evidenced by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. 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, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a young woman her baby died after giving birth alone in a cell. Her calls for help were ignored for hours, and she was forced to bite through the 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 miscarried in her cell founded an advocacy group. Her work has successfully pushed for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Experts 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 beginning," argues the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be investing in."