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A human rights activist, at 35 weeks pregnant, was detained near her home in early 2024. Charged with a vague offense, she was held without evidence. Weeks afterward, her family were contacted to retrieve the remains of her infant child. The reason of death remains unexamined, and the family remains unaware what happened or whether she was given any care after birth.

A Worldwide Issue

These tragic stories are not rare within correctional systems around the world. Women carrying children are often kept in terrible environments and denied necessary care. Miscarriages occur, others go into labour and give birth unassisted in a detention cell. Tragically, infants die behind bars.

"Nations think it’s a small number of women so it’s insignificant, but that’s not true," notes a legal advocate dedicated to female imprisonment.

"Prison is a terrible environment for women, let alone someone who is expecting," she explains. "There’s so much evidence that shows how damaging it is. Many facilities were built with men in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the creation of specific standards for the handling of female prisoners. These rules clearly say that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of shackles on women while giving birth.

Yet, these rules are often violated globally. "This is not considered a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Prisons

In some countries, situations for pregnant prisoners are described as "really critical". Family visits have been banned, and rights groups are denied access. Interviews with ex-inmates describe assaults, abuse, and being denied basic supplies. Some resort to exchanging favors with guards for nourishment or medical supplies.

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

Accounts also tell of women who were shackled to medical beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Consequences

Data shows some nations as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown 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 cell with expectant mothers. Cell doors were secured overnight. When someone 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!’"

Such events occur in more developed nations. In one case, a teenager her baby died after delivering unassisted in a prison cell. Her calls for help were ignored for hours, and she was forced to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for legislation that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"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 shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies regarding pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held on remand, especially for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the advocate.

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