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A human rights activist, while she was, was detained near her home in March 2024. Accused with a vague offense, she was imprisoned without evidence. Three weeks later, her relatives were informed to retrieve the body of her infant child. The reason of death was not looked into, and her loved ones remains unaware what happened or whether she received any postnatal care.

An International Crisis

Situations like these are not rare within correctional systems internationally. Women carrying children are often held in deplorable conditions and denied proper healthcare. Miscarriages occur, others go into labour and have their babies alone in a cell. Tragically, some babies die in custody.

"Countries think it’s a small number of women so it’s insignificant, but that is incorrect," states a lawyer dedicated to female imprisonment.

"Incarceration is a terrible environment for women, especially not for someone who is pregnant," she explains. "Extensive evidence that indicates how detrimental it is. Most prisons were designed with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the adoption of international guidelines for the handling of female prisoners. These rules specify that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

Yet, these standards are consistently flouted around the world. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, situations for pregnant prisoners are described as "really critical". Family visits have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women reveal beatings, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with guards for nourishment or medical supplies.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," reports a local lawyer.

Accounts also tell of women who were chained to medical beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Impact

Statistics lists 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," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as evidenced by reports of babies dying from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager 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 traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully pushed for laws that ban restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal 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 official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies for pregnant women in the legal system. These include:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and people with experience argue that, often, expectant mothers should not 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 tackle the root causes of women entering the legal system – for example, destitution, abuse and substance issues – are really what we should be focusing on."