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A human rights activist, while she was, was arrested near her home in early 2024. Accused with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives were contacted to collect the body of her infant child. The cause of death remains unexamined, and the family has no idea the circumstances or whether she obtained any postnatal care.

A Global Issue

Situations like these are alarmingly common in prisons internationally. Pregnant women are often subjected to deplorable conditions and not given necessary care. Miscarriages occur, others deliver and give birth unassisted in a cell. Devastatingly, infants perish while incarcerated.

"Nations believe it’s a few of women so it’s not an issue, but that’s not true," states a lawyer focused on women's incarceration.

"Detention is a terrible environment for women, not to mention someone who is expecting," she explains. "There’s so much evidence that shows how detrimental it is. Numerous facilities were built with men in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules state that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of shackles on women during labour.

However, these standards are routinely ignored globally. "This is not considered a worldwide priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In certain nations, situations for pregnant prisoners are described as "really critical". Family visits have been prohibited, and independent monitors are denied access. Interviews with ex-inmates detail assaults, torture, and being denied essential items. Some are forced into exchanging favors with guards for food or medicine.

"Our organisation has recorded miscarriages and the loss of four babies … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to medical beds during labour and delivered while observed by male officers.

Overcrowding and Its Consequences

Data shows some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable 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 beds before giving birth. The environment for caring for an infant back in prison are alarming, as evidenced by cases of babies succumbing from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a former inmate recalls being in a detention block with pregnant women. Cell doors were locked overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for legislation that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Advocates and people with experience argue that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the advocate.

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