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A human rights activist, at 35 weeks pregnant, was detained near her home in early 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her relatives received a call to collect the remains of her newborn baby. The cause of death was not looked into, and the family does not know what happened or whether she received any postnatal care.

A Worldwide Issue

Cases such as this are far from uncommon in detention centers globally. Pregnant women are often subjected to terrible environments and not given necessary care. Miscarriages occur, others go into labour and have their babies unassisted in a prison cell. Tragically, infants perish while incarcerated.

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

"Incarceration is not a good place for women, especially not for someone who is pregnant," she adds. "Extensive evidence that shows how detrimental it is. Most facilities were built with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the creation of specific standards for the treatment of female prisoners. These guidelines clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women during labour.

Yet, these guidelines are often violated around the world. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates reveal beatings, abuse, and being denied basic supplies. Some are forced into trading sex with prison staff for nourishment or medicine.

"We has documented pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

It is also reported women who were chained to hospital beds during labour and delivered while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics lists some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In one African country, a former inmate recalls being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully advocated for laws that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers chained her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and people with experience contend that, in most cases, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the expert.

"Community-based solutions that address the root causes of women entering the legal system – for example, destitution, violence and drugs – are really what we should be investing in."