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A human rights activist, who was, was taken into custody near her home in early 2024. Accused with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives were informed to collect the remains of her newborn baby. The reason of death has not been investigated, and her loved ones remains unaware the circumstances or whether she obtained any postnatal care.

A Global Issue

Cases such as this are alarmingly common within correctional systems around the world. Women carrying children are often kept in deplorable conditions and deprived of necessary care. Some miscarry, others deliver and have their babies by themselves in a detention cell. Devastatingly, infants die behind bars.

"Governments believe it’s a small number of women so it’s not an issue, but that is a misconception," notes a legal advocate working on women's incarceration.

"Prison is a terrible setting for women, not to mention someone who is expecting," she continues. "There’s so much studies that demonstrates how harmful it is. Numerous facilities were designed with male inmates in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the establishment of specific standards for the handling of female prisoners. These guidelines specify that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women during labour.

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

Dire Situations in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are reported to be "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates describe assaults, abuse, and being denied essential items. Reports indicate some are forced into exchanging favors with guards for food or medicine.

"We 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 medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Consequences

Data lists some nations as having the highest overcrowding 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 essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as shown by reports of infants dying from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a cell with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a young woman her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to instigate change. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant 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, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced 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

Some nations have introduced policies regarding pregnant women in the justice system. Among them are:

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

Advocates and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "I question 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 entering the justice system – for example, poverty, abuse and drugs – are really what we should be focusing on."