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A human rights activist, while she was, was detained near her home in March 2024. Accused with a broad allegation, she was jailed without evidence. Weeks afterward, her relatives were contacted to retrieve the body of her infant child. The reason of death was not looked into, and the family remains unaware the circumstances or if she received any postnatal care.

An International Problem

Situations like these are far from uncommon in detention centers globally. Women carrying children are often held in deplorable conditions and deprived of necessary care. Miscarriages occur, others go into labour and have their babies by themselves in a detention cell. Sadly, infants perish behind bars.

"Nations think it’s a minority of women so it’s insignificant, but that’s not true," notes a legal advocate working on women's incarceration.

"Prison is not a good setting for women, let alone someone who is expecting," she adds. "Extensive research that demonstrates how detrimental it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the establishment of specific standards for the handling of female prisoners. This framework clearly say that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women while giving birth.

However, these standards are often violated globally. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women describe beatings, torture, and being denied essential items. Some are forced into exchanging favors with prison staff for nourishment or medical supplies.

"We has recorded pregnancy losses and the death of four babies … it is certain there are more," reports a rights defender.

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

Severe Overpopulation and Its Consequences

Statistics lists some countries as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are alarming, as evidenced by reports of babies succumbing from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a young woman her baby died after delivering unassisted in a prison cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that ban restraints and solitary confinement for expectant inmates in multiple states.

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 shackled her legs to the hospital bed. Hospital staff 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 obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and those who have been incarcerated contend that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the expert.

"Community-based solutions that address the root causes of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be investing in."