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A human rights activist, at 35 weeks pregnant, was arrested near her residence in March 2024. Charged with a crime of "illicit association", she was jailed without evidence. Weeks afterward, her relatives received a call to collect the body of her infant child. The reason of death was not looked into, and the family has no idea the circumstances or whether she obtained any postnatal care.

A Worldwide Problem

Situations like these are alarmingly common in detention centers internationally. Women carrying children are often kept in appalling situations and deprived of necessary care. Some lose their pregnancies, others begin childbirth and have their babies alone in a cell. Sadly, some babies perish behind bars.

"Nations think it’s a small number of women so it’s insignificant, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Prison is not a good place for women, not to mention someone who is expecting," she continues. "Extensive research that demonstrates how damaging it is. Many facilities were constructed with male inmates in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. This framework specify that incarceration should be a final option for pregnant women 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 often violated globally. "This isn’t seen as a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Systems

In certain nations, situations for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates reveal assaults, torture, and being denied basic supplies. Some resort to exchanging favors with guards for nourishment or medical supplies.

"We has recorded miscarriages and the death of several infants … there will be more," reports a rights defender.

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

Overcrowding and Its Effects

Statistics shows some countries as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn back in prison are worrying, as shown by cases of infants dying from illness and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her calls for help went unanswered for an extended period, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for laws that prohibit shackling and isolation for expectant inmates in multiple states.

Another story comes from South America. 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. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. 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

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

• Considering non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Experts and people with experience argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the advocate.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, poverty, abuse and substance issues – are really what we should be focusing on."