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A human rights activist, who was, was detained near her home in March 2024. Accused with a broad allegation, she was held lacking proof. Weeks afterward, her relatives were informed to collect the remains of her newborn baby. The reason of death remains unexamined, and her loved ones does not know what happened or if she was given any postnatal care.

A Global Crisis

Situations like these are alarmingly common in detention centers globally. Pregnant women are often kept in terrible environments and not given proper healthcare. Miscarriages occur, others go into labour and have their babies alone in a cell. Devastatingly, some babies perish in custody.

"Countries believe it’s a few of women so it’s insignificant, but that is incorrect," states a lawyer dedicated to female imprisonment.

"Prison is a terrible setting for women, not to mention someone who is pregnant," she adds. "Extensive evidence that indicates how harmful it is. Most facilities were built with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the establishment of specific standards for the treatment of incarcerated women. This framework specify that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women in childbirth.

But, these rules are often violated globally. "This is not viewed as a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Systems

In some countries, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women describe assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with guards for nourishment or medicine.

"Our organisation has recorded pregnancy losses and the loss of several infants … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to medical beds during labour and delivered while observed by male officers.

Overcrowding and Its Impact

Data shows some nations as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a young woman lost her daughter after delivering alone in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards chained her legs to the bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

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

Alternatives and Solutions

Other countries have introduced measures regarding pregnant women in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are really what we should be focusing on."