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A human rights activist, while she was, was detained near her home in early 2024. Accused with a vague offense, she was jailed lacking proof. Weeks afterward, her family received a call to retrieve the remains of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware the circumstances or if she received any care after birth.

A Global Issue

These tragic stories are alarmingly common in prisons internationally. Women carrying children are often held in appalling situations and deprived of necessary care. Some miscarry, others go into labour and give birth alone in a detention cell. Tragically, infants perish behind bars.

"Governments believe it’s a minority of women so it’s insignificant, but that is incorrect," says a legal advocate focused on female imprisonment.

"Detention is a terrible place for women, especially not for someone who is expecting," she adds. "Extensive evidence that shows how harmful it is. Most prisons were designed with men in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the creation of specific standards for the treatment of female prisoners. This framework specify that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women during labour.

Yet, these guidelines are often violated around the world. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In various regions, situations for expectant inmates are described as "really critical". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women describe beatings, torture, and being denied essential items. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medical supplies.

"Our organisation has documented pregnancy losses and the loss of several infants … there will be more," reports a local lawyer.

Reports also indicate women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Impact

Statistics shows some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by reports of infants succumbing from illness and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a young woman her baby died after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for laws that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the legal system. Among them are:

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

Advocates and people with experience 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," argues the advocate.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."