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A human rights activist, at 35 weeks pregnant, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was jailed without evidence. Three weeks later, her relatives received a call to retrieve the remains of her infant child. The cause of death was not looked into, and her loved ones has no idea what happened or if she was given any postnatal care.

An International Issue

Situations like these are far from uncommon within correctional systems internationally. Women carrying children are often subjected to appalling situations and deprived of medical attention. Miscarriages occur, others deliver and have their babies alone in a cell. Sadly, infants die behind bars.

"Governments believe it’s a few of women so it’s insignificant, but that is a misconception," states a lawyer working on women's incarceration.

"Prison is a terrible place for women, not to mention someone who is expecting," she explains. "Extensive research that shows how harmful it is. Many prisons were constructed with men in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the establishment of specific standards for the handling of female prisoners. This framework state that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women while giving birth.

However, these guidelines are routinely ignored globally. "This isn’t seen as a global gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Packed Systems

In some countries, conditions for pregnant prisoners are described as "really critical". Family visits have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women detail assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

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

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

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by reports of infants succumbing from illness and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with pregnant women. Cell doors were secured overnight. When someone started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. She has successfully advocated for laws that prohibit restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures for expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, especially for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated believe that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the advocate.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, violence and substance issues – are truly what we should be focusing on."