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A human rights activist, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a vague offense, she was jailed lacking proof. Weeks afterward, her family received a call to collect the remains of her infant child. The cause of death was not looked into, and the family remains unaware the circumstances or whether she received any postnatal care.

An International Problem

Cases such as this are alarmingly common in prisons globally. Women carrying children are often held in deplorable conditions and not given medical attention. Miscarriages occur, others begin childbirth and have their babies by themselves in a cell. Sadly, some babies die while incarcerated.

"Nations assume it’s a few of women so it’s not a problem, but that is a misconception," notes a legal advocate working on women's incarceration.

"Incarceration is a harmful environment for women, not to mention someone who is expecting," she explains. "There’s so much studies that shows how harmful it is. Many prisons were constructed with men in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the adoption of specific standards for the handling of incarcerated women. These rules clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of shackles on women while giving birth.

But, these standards are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In some countries, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with ex-inmates detail assaults, torture, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

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

Reports also indicate women who were shackled to hospital beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by reports of babies dying from pneumonia and severe malnutrition behind bars.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a teenager lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her cell founded an organisation. She has successfully pushed for laws that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the legal 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, particularly for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, poverty, violence and drugs – are truly what we should be focusing on."