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A human rights activist, who was, was taken into custody near her home in March 2024. Accused with a broad allegation, she was jailed without evidence. Weeks afterward, her family were informed to retrieve the body of her infant child. The cause of death was not looked into, and the family remains unaware what happened or whether she obtained any care after birth.

A Global Issue

Cases such as this are not rare in prisons globally. Women carrying children are often held in deplorable conditions and denied necessary care. Some lose their pregnancies, others go into labour and give birth unassisted in a cell. Tragically, some babies die while incarcerated.

"Governments believe it’s a minority of women so it’s not a problem, but that is incorrect," says a legal advocate dedicated to female imprisonment.

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

Violated Global Standards

Over 15 years since the creation of international guidelines for the handling of incarcerated women. These guidelines state that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these rules are routinely ignored globally. "This is not viewed as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. 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.

"We has documented miscarriages and the death of several infants … it is certain there are more," reports a local lawyer.

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

Severe Overpopulation and Its Consequences

Statistics lists some nations as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of infants dying from illness and malnourishment in custody.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a young woman her baby died after delivering unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her prison cell set up an organisation. Her work has successfully pushed for legislation that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

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

Potential Reforms

Some nations have introduced measures regarding pregnant women in the justice system. These include:

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

Advocates and people with experience contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and drugs – are truly what we should be investing in."