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A human rights activist, who was, was taken into custody near her residence in early 2024. Charged with a vague offense, she was imprisoned lacking proof. Three weeks later, her family were informed to collect the remains of her newborn baby. The cause of death was not looked into, and her loved ones remains unaware the circumstances or if she obtained any care after birth.

A Global Crisis

Cases such as this are far from uncommon in prisons around the world. Women carrying children are often kept in appalling situations and not given medical attention. Some miscarry, others go into labour and give birth alone in a cell. Tragically, infants perish while incarcerated.

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

"Incarceration is a harmful place for women, especially not for someone who is expecting," she continues. "There’s so much research that shows how detrimental it is. Many prisons were built with men in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the adoption of specific standards for the handling of female prisoners. These guidelines clearly say that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women during labour.

But, these rules are consistently flouted globally. "This is not considered a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Systems

In various regions, situations for expectant inmates are reported to be "really critical". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates describe beatings, torture, and being denied essential items. Reports indicate 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," reports a local lawyer.

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 Effects

Statistics shows some nations as having the highest prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as evidenced by cases of babies dying from illness and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a detention block 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 ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance 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 chosen to use their experiences to drive reform. In the US, a woman who miscarried in her cell founded an organisation. Her work has successfully advocated for laws that prohibit shackling and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, 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 pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and people with experience argue that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," argues the advocate.

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