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A human rights activist, who was, was detained near her home in early 2024. Accused with a vague offense, she was jailed without evidence. Weeks afterward, her family were contacted to retrieve the remains of her newborn baby. The reason of death was not looked into, and the family has no idea what happened or if she was given any postnatal care.

A Worldwide Issue

Cases such as this are far from uncommon in detention centers internationally. Women carrying children are often subjected to deplorable conditions and denied medical attention. Some miscarry, others deliver and give birth unassisted in a detention cell. Sadly, some babies die in custody.

"Governments believe it’s a small number of women so it’s not a problem, but that is incorrect," states a legal advocate focused on 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. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules state that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also ban the use of shackles on women while giving birth.

But, these rules are consistently flouted around the world. "This is not considered a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Accounts with ex-inmates reveal beatings, abuse, and being denied essential items. Some resort to exchanging favors with guards for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of four babies … there will be more," reports a local lawyer.

It is also reported women who were chained to medical beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Impact

Data shows some nations as having the most severe prison occupancy levels in the world. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by cases of infants succumbing from pneumonia and malnourishment in custody.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the floor and the doors, screaming: ‘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 cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the bed. Hospital staff performed a C-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.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

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

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."