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A human rights activist, at 35 weeks pregnant, was detained near her residence in March 2024. Charged with a vague offense, she was jailed lacking proof. Weeks afterward, her family received a call to retrieve the body of her newborn baby. The cause of death has not been investigated, and the family remains unaware the circumstances or if she received any care after birth.

An International Problem

These tragic stories are not rare within correctional systems globally. Women carrying children are often held in terrible environments and not given medical attention. Some miscarry, others deliver and have their babies alone in a prison cell. Sadly, some babies die behind bars.

"Governments assume it’s a few of women so it’s not a problem, but that is incorrect," says a legal advocate focused on women's incarceration.

"Incarceration is not a good setting for women, not to mention someone who is pregnant," she explains. "There’s so much studies that indicates how detrimental it is. Many prisons were built with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the establishment of specific standards for the handling of female prisoners. These guidelines clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of restraints on women while giving birth.

However, these rules are often violated globally. "This is not considered a global priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women reveal beatings, torture, and being deprived of essential items. Some resort to exchanging favors with prison staff for nourishment or medicine.

"We has recorded miscarriages and the loss of several infants … it is certain there are more," reports a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Consequences

Data lists some nations as having the highest overcrowding 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 restrained to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as evidenced by cases of infants succumbing from illness and malnourishment in custody.

Accounts from Different Continents

In one African country, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a teenager lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully advocated for legislation that prohibit restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, guards shackled 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 prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the justice system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Experts and those who have been incarcerated argue that, often, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the advocate.

"Community-based solutions that address the root causes of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."