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A human rights activist, while she was, was taken into custody near her residence in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her family were contacted to collect the remains of her newborn baby. The cause of death remains unexamined, and the family does not know the circumstances or whether she received any care after birth.

A Global Problem

These tragic stories are alarmingly common in prisons globally. Women carrying children are often kept in deplorable conditions and not given proper healthcare. Some miscarry, others begin childbirth and have their babies by themselves in a cell. Tragically, infants perish in custody.

"Countries assume it’s a small number of women so it’s insignificant, but that’s not true," notes a legal advocate focused on women's incarceration.

"Detention is a terrible setting for women, let alone someone who is expecting," she continues. "There’s so much evidence that demonstrates how damaging it is. Numerous facilities were constructed 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. These guidelines specify that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women during labour.

Yet, these standards are consistently flouted around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In certain nations, situations for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and rights groups are denied access. Interviews with ex-inmates describe assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with guards for nourishment or medical supplies.

"We has documented miscarriages and the death of several infants … there will be more," reports a rights defender.

It is also reported women who were chained to medical beds while in labor and delivered while watched by male prison guards.

Overcrowding and Its Impact

Statistics lists some countries as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as evidenced by cases of babies succumbing from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a detention block with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a teenager lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to sever the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her cell set up an organisation. She has successfully advocated for laws that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented policies for expectant mothers in the justice system. These include:

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

Experts and those who have been incarcerated contend that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, destitution, abuse and substance issues – are really what we should be focusing on."