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A human rights activist, at 35 weeks pregnant, was arrested near her residence in March 2024. Charged with a vague offense, she was imprisoned without evidence. Three weeks later, her family were informed to retrieve the remains of her newborn baby. The reason of death has not been investigated, and the family does not know what happened or if she received any care after birth.

A Global Issue

Cases such as this are not rare within correctional systems globally. Women carrying children are often held in terrible environments and deprived of proper healthcare. Miscarriages occur, others go into labour and have their babies unassisted in a detention cell. Tragically, infants die behind bars.

"Nations believe it’s a few of women so it’s not an issue, but that is a misconception," states a legal advocate dedicated to female imprisonment.

"Prison is a terrible environment for women, especially not for someone who is pregnant," she continues. "Extensive studies that indicates how harmful it is. Numerous facilities were designed with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

It has been 15 years since the creation 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. They also forbid the use of shackles on women while giving birth.

However, these standards are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In some countries, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been prohibited, and rights groups are denied access. Interviews with formerly incarcerated women describe assaults, abuse, and being denied essential items. Reports indicate some resort to trading sex with guards for food or medical supplies.

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

Reports also indicate women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Statistics shows 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 fully lie down," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of infants dying from illness and severe malnutrition behind bars.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully pushed for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the justice system. These include:

• Evaluating 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 postponement of sentences for pregnant women.

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

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, poverty, violence and substance issues – are truly what we should be focusing on."