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A human rights activist, while she was, was detained near her residence in early 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her family received a call to retrieve the body of her infant child. The reason of death remains unexamined, and her loved ones does not know the circumstances or if she received any postnatal care.

A Worldwide Issue

Cases such as this are not rare in prisons globally. Women carrying children are often subjected to deplorable conditions and not given necessary care. Some lose their pregnancies, others deliver and have their babies unassisted in a cell. Devastatingly, some babies die behind bars.

"Governments believe it’s a small number of women so it’s not an issue, but that is a misconception," states a lawyer focused on women's incarceration.

"Prison is a terrible environment for women, not to mention someone who is pregnant," she continues. "Extensive studies that demonstrates how harmful it is. Most facilities were constructed with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. This framework clearly say that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women while giving birth.

Yet, these guidelines are often violated globally. "This is not considered a worldwide gender-equality priority," says the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Prisons

In certain nations, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and civil society are barred from entry. Interviews with ex-inmates detail beatings, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medicine.

"We has documented pregnancy losses and the death of several infants … there will be more," reports a rights defender.

Reports also indicate women who were chained to medical beds while in labor and delivered while watched by male officers.

Overcrowding and Its Consequences

Data shows some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager her baby died after delivering alone in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the US, a woman who miscarried in her cell set up an advocacy group. Her work has successfully advocated for legislation that ban shackling and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

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

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, especially for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, violence and substance issues – are really what we should be investing in."