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A human rights activist, while she was, was taken into custody near her residence in March 2024. Charged with a vague offense, she was imprisoned without evidence. Weeks afterward, her family were contacted to retrieve the remains of her infant child. The cause of death remains unexamined, and her loved ones does not know what happened or if she obtained any care after birth.

A Global Problem

Situations like these are alarmingly common within correctional systems around the world. Pregnant women are often held in terrible environments and deprived of medical attention. Some miscarry, others begin childbirth and give birth alone in a prison cell. Sadly, some babies perish in custody.

"Governments assume it’s a minority of women so it’s insignificant, but that’s not true," states a legal advocate focused on female imprisonment.

"Detention is a terrible place for women, let alone someone who is expecting," she adds. "Extensive research that indicates how damaging it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the adoption of international guidelines for the handling of female prisoners. This framework specify that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of restraints on women during labour.

However, these standards are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Prisons

In some countries, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women describe beatings, torture, and being deprived of essential items. Some resort to trading sex with prison staff for nourishment or medicine.

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

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

Overcrowding and Its Effects

Data shows some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for caring for an infant back in prison are worrying, as shown by reports of infants succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. 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 wealthier countries. 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

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully advocated for legislation that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"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 shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures regarding expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the advocate.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, abuse and substance issues – are really what we should be focusing on."