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A human rights activist, while she was, was detained near her residence in March 2024. Charged with a broad allegation, she was held lacking proof. Three weeks later, her relatives received a call to collect the body of her newborn baby. The cause of death has not been investigated, and her loved ones has no idea the circumstances or if she obtained any postnatal care.

A Worldwide Problem

Situations like these are far from uncommon within correctional systems around the world. Pregnant women are often kept in deplorable conditions and not given necessary care. Miscarriages occur, others go into labour and have their babies alone in a cell. Sadly, some babies perish while incarcerated.

"Governments assume it’s a small number of women so it’s not an issue, but that’s not true," says a lawyer dedicated to female imprisonment.

"Detention is a terrible environment for women, let alone someone who is expecting," she adds. "There’s so much studies that demonstrates how harmful it is. Most facilities were built with male inmates in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the creation of specific standards for the treatment of female prisoners. This framework specify that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of restraints on women while giving birth.

But, these standards are consistently flouted globally. "This is not considered a worldwide priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Prisons

In some countries, situations for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and civil society are denied access. Accounts with ex-inmates describe assaults, abuse, and being denied basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded pregnancy losses and the death of four babies … it is certain there are more," says a local lawyer.

Accounts also tell of women who were shackled to medical beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics 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," explains 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. The environment for caring for an infant back in prison are alarming, as shown by reports of infants dying from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. When someone 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, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager her baby died after delivering unassisted in a prison cell. Her calls for help were ignored for hours, and she was had to bite through the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully advocated for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

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

"Alternatives in the community that address the root causes of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."