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A human rights activist, who was, was detained near her home in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family were contacted to collect the body of her infant child. The cause of death remains unexamined, and her loved ones does not know the circumstances or if she received any care after birth.

A Global Issue

Situations like these are far from uncommon in prisons around the world. Pregnant women are often subjected to appalling situations and denied medical attention. Some miscarry, others go into labour and give birth unassisted in a detention cell. Tragically, some babies perish behind bars.

"Countries think it’s a minority of women so it’s not a problem, but that’s not true," says a lawyer focused on female imprisonment.

"Detention is a harmful place for women, let alone someone who is pregnant," she explains. "There’s so much studies that indicates how damaging it is. Numerous facilities were built with men in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the establishment of specific standards for the treatment of incarcerated women. This framework clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of restraints on women in childbirth.

However, these standards are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In various regions, situations for expectant inmates are described as "really critical". Contact with relatives have been prohibited, and rights groups are denied access. Interviews with formerly incarcerated women detail beatings, abuse, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

"We has recorded pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

It is also reported women who were chained to medical beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Effects

Data shows some nations as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by cases of babies dying from illness and severe malnutrition in custody.

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager lost her daughter after delivering unassisted in a cell. Her calls for help went unanswered for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her cell set up an advocacy group. Her work has successfully advocated for laws that ban restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the legal system. These include:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Experts and those who have been incarcerated argue that, often, 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," says the expert.

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, destitution, abuse and drugs – are truly what we should be investing in."