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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 vague offense, she was jailed lacking proof. Three weeks later, her family received a call to retrieve the remains of her infant child. The cause of death remains unexamined, and the family has no idea the circumstances or whether she obtained any care after birth.

An International Issue

Cases such as this are not rare in prisons around the world. Women carrying children are often subjected to appalling situations and not given necessary care. Some lose their pregnancies, others begin childbirth and have their babies by themselves in a prison cell. Tragically, infants perish behind bars.

"Countries believe it’s a minority of women so it’s not an issue, but that’s not true," states a legal advocate dedicated to women's incarceration.

"Incarceration is a terrible setting for women, especially not for someone who is expecting," she continues. "There’s so much research that shows how harmful it is. Many prisons were built with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the adoption of international guidelines for the treatment of female prisoners. These rules state that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women during labour.

However, these standards are often violated around the world. "This is not considered a worldwide priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In some countries, conditions for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women detail assaults, torture, and being deprived of basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medical supplies.

"We has recorded miscarriages and the death of four babies … it is certain there are more," reports a local lawyer.

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

Overcrowding and Its Impact

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

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as evidenced by cases of infants dying from illness and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Doors were locked overnight. If a woman 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 banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a young woman her baby died after giving birth unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord on her own.

Turning Trauma into Change

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

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal 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 childbirth in detention.

Potential Reforms

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

• Considering alternatives to detention for accused women who are mothers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Experts and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the advocate.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, poverty, violence and drugs – are truly what we should be investing in."