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A human rights activist, at 35 weeks pregnant, was taken into custody near her residence in early 2024. Accused with a crime of "illicit association", she was jailed without evidence. Weeks afterward, her family were contacted to collect the remains of her newborn baby. The reason of death remains unexamined, and her loved ones remains unaware the circumstances or whether she received any care after birth.

A Global Issue

Cases such as this are not rare in prisons around the world. Women carrying children are often held in deplorable conditions and not given proper healthcare. Miscarriages occur, others deliver and give birth by themselves in a cell. Sadly, infants die while incarcerated.

"Nations believe it’s a few of women so it’s not an issue, but that is incorrect," says a lawyer focused on women's incarceration.

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

Ignored Global Standards

Over 15 years since the creation of specific standards for the handling of female prisoners. This framework specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of restraints on women while giving birth.

However, these standards are routinely ignored around the world. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates describe beatings, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medical supplies.

"We has recorded miscarriages and the death of several infants … there will be more," reports a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

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

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by reports of infants dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a young woman her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully pushed for legislation that ban restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies for pregnant women in the justice system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, especially for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

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