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A human rights activist, who was, was detained near her home in early 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family received a call to collect the remains of her infant child. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or if she was given any care after birth.

A Global Problem

Situations like these are not rare in detention centers internationally. Women carrying children are often kept in deplorable conditions and deprived of medical attention. Some miscarry, others deliver and have their babies alone in a prison cell. Sadly, some babies die behind bars.

"Countries believe it’s a small number of women so it’s not a problem, but that is a misconception," says a legal advocate focused on women's incarceration.

"Prison is not a good place for women, especially not for someone who is expecting," she adds. "There’s so much evidence that indicates how detrimental it is. Many prisons were built with male inmates in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the creation of international guidelines for the handling of female prisoners. These rules specify that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. They also ban the use of restraints on women during labour.

Yet, these standards are often violated around the world. "This is not considered a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In various regions, conditions for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and rights groups are barred from entry. Interviews with ex-inmates detail beatings, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the death of several infants … 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 observed by male officers.

Overcrowding and Its Consequences

Statistics shows some countries as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as evidenced by reports of babies 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 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 floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager her baby died after delivering unassisted in a cell. Her calls for help 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 instigate change. In the US, a woman who miscarried in her prison cell set up an advocacy group. She has successfully advocated for laws that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "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 go through," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented policies for pregnant women in the justice system. Among them are:

• Considering non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Advocates and people with experience argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be focusing on."