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A human rights activist, who was, was detained near her residence in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to retrieve the body of her newborn baby. The reason of death was not looked into, and her loved ones does not know what happened or whether she received any postnatal care.

A Worldwide Issue

These tragic stories are alarmingly common in prisons internationally. Pregnant women are often subjected to terrible environments and denied medical attention. Miscarriages occur, others go into labour and give birth by themselves in a detention cell. Sadly, some babies perish in custody.

"Countries assume it’s a minority of women so it’s not an issue, but that’s not true," notes a legal advocate focused on women's incarceration.

"Incarceration is a terrible place for women, especially not for someone who is expecting," she adds. "There’s so much research that indicates how harmful it is. Most facilities were constructed with men in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women during labour.

Yet, these rules are consistently flouted globally. "This isn’t seen as a worldwide gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, situations for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and civil society are denied access. Interviews with formerly incarcerated women reveal assaults, abuse, and being denied essential items. Reports indicate some resort to trading sex with prison staff for nourishment or medicine.

"We has documented miscarriages and the loss 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 delivered while watched by male prison guards.

Severe Overpopulation and Its Effects

Statistics shows some nations as having the highest 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 essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as evidenced by cases of infants dying from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a young woman lost her daughter after delivering unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully advocated for laws that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures for pregnant women in the legal system. These include:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, poverty, violence and substance issues – are really what we should be investing in."