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A human rights activist, while she was, was detained near her home in March 2024. Accused with a broad allegation, she was imprisoned without evidence. Three weeks later, her relatives were informed to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware what happened or whether she was given any care after birth.

A Global Crisis

Situations like these are far from uncommon in prisons around the world. Women carrying children are often subjected to appalling situations and denied proper healthcare. Miscarriages occur, others go into labour and give birth unassisted in a cell. Sadly, some babies perish in custody.

"Governments believe it’s a minority of women so it’s insignificant, but that is incorrect," notes a legal advocate focused on women's incarceration.

"Prison is a harmful environment for women, especially not for someone who is expecting," she explains. "There’s so much evidence that demonstrates how harmful it is. Most prisons were constructed with men in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. These rules state that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of shackles on women while giving birth.

But, these standards are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women describe assaults, abuse, and being deprived of essential items. Some are forced into exchanging favors with prison staff for nourishment or medical supplies.

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

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

Severe Overpopulation and Its Effects

Statistics shows some countries as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. The environment for raising a newborn back in prison are alarming, as shown by cases of babies dying from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a young woman her baby died after delivering alone in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully pushed for laws that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. When it came time to give birth, officers chained her legs to the bed. Doctors 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?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

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

• Evaluating non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience contend that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are truly what we should be focusing on."