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A human rights activist, while she was, was detained near her home in early 2024. Accused with a broad allegation, she was jailed lacking proof. Three weeks later, her family were informed to retrieve the remains of her infant child. The cause of death was not looked into, and her loved ones remains unaware what happened or whether she was given any care after birth.

An International Problem

Cases such as this are alarmingly common in prisons around the world. Pregnant women are often kept in appalling situations and not given medical attention. Miscarriages occur, others begin childbirth and give birth unassisted in a cell. Tragically, some babies die in custody.

"Governments assume it’s a small number of women so it’s not a problem, but that’s not true," says a legal advocate dedicated to female imprisonment.

"Incarceration is a terrible environment for women, especially not for someone who is pregnant," she explains. "Extensive evidence that shows how detrimental it is. Numerous prisons were designed with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the adoption of specific standards for the treatment of female prisoners. These guidelines specify that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women during labour.

However, these rules are routinely ignored globally. "This is not viewed as a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Prisons

In certain nations, situations for pregnant prisoners are reported to be "really critical". Family visits have been prohibited, and rights groups are denied access. Interviews with ex-inmates reveal assaults, abuse, and being deprived of basic supplies. Some resort to exchanging favors with prison staff for food or medicine.

"Our organisation has documented miscarriages and the death 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 watched by male officers.

Overcrowding and Its Consequences

Data shows some countries as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by cases of infants dying from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a teenager her baby died after giving birth alone in a cell. Her calls for help were ignored for an extended period, and she was forced to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her cell founded an advocacy group. Her work has successfully pushed for laws that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

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

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

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

"Community-based solutions that tackle the root causes of women coming into contact with the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."