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A human rights activist, who was, was detained near her home in early 2024. Charged with a broad allegation, she was held without evidence. Weeks afterward, her relatives were informed to collect the body of her infant child. The cause of death remains unexamined, and the family does not know the circumstances or if she obtained any postnatal care.

A Worldwide Issue

Situations like these are not rare in detention centers internationally. Women carrying children are often subjected to terrible environments and denied medical attention. Miscarriages occur, others go into labour and give birth unassisted in a cell. Tragically, some babies perish in custody.

"Nations think it’s a minority of women so it’s insignificant, but that’s not true," states a lawyer dedicated to female imprisonment.

"Prison is a harmful setting for women, let alone someone who is expecting," she adds. "There’s so much evidence that demonstrates how damaging it is. Many facilities were built with male inmates in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the creation of specific standards for the handling of female prisoners. This framework specify 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.

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

Severe Hardships in Overcrowded Systems

In certain nations, situations for expectant inmates are described as "really critical". Family visits have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women reveal assaults, torture, and being denied essential items. Some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the loss of four babies … there will be more," says a rights defender.

Reports also indicate women who were shackled to medical beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the highest overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as shown by reports of babies succumbing from illness and malnourishment in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured 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 ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a young woman her baby died after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever 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 set up an organisation. She has successfully advocated for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures for pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, especially for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and people with experience argue that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

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