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A human rights activist, while she was, was arrested near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to collect the remains of her infant child. The reason of death has not been investigated, and her loved ones does not know what happened or whether she received any care after birth.

A Worldwide Issue

Situations like these are alarmingly common in detention centers internationally. Women carrying children are often subjected to deplorable conditions and denied proper healthcare. Some lose their pregnancies, others begin childbirth and have their babies by themselves in a prison cell. Devastatingly, infants die behind bars.

"Countries think it’s a minority of women so it’s not an issue, but that is incorrect," notes a lawyer focused on female imprisonment.

"Incarceration is not a good environment for women, not to mention someone who is pregnant," she continues. "There’s so much studies that indicates how detrimental it is. Numerous facilities were designed with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the creation of specific standards for the handling of female prisoners. These rules specify that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also prohibit the use of shackles on women in childbirth.

However, these standards are often violated around the world. "This is not viewed as a worldwide gender-equality priority," says the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Systems

In certain nations, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women describe beatings, torture, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … it is certain there are more," reports a rights defender.

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

Overcrowding and Its Impact

Statistics lists some nations as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as shown by cases of infants succumbing from illness and severe malnutrition in custody.

Stories from Different Continents

In one African country, a past prisoner remembers being in a cell with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager her baby died after giving birth unassisted in a cell. Her calls for help were ignored for an extended period, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later informed provincial policies around childbirth in detention.

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, expecting, or breastfeeding.
• Implementing home detention as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts 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 beginning," argues the expert.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."