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A human rights activist, while she was, was taken into custody near her home in early 2024. Charged with a broad allegation, she was imprisoned without evidence. Weeks afterward, her family received a call to retrieve the body of her infant child. The reason of death was not looked into, and the family has no idea the circumstances or whether she obtained any care after birth.

An International Crisis

Situations like these are far from uncommon in prisons internationally. Women carrying children are often kept in terrible environments and deprived of necessary care. Some miscarry, others go into labour and give birth by themselves in a prison cell. Tragically, some babies die behind bars.

"Countries believe it’s a few of women so it’s not a problem, but that is incorrect," notes a lawyer focused on female imprisonment.

"Incarceration is a terrible setting for women, not to mention someone who is expecting," she explains. "Extensive studies that indicates how detrimental it is. Most prisons were designed with men in mind, so women were an secondary consideration."

Violated International Guidelines

It has been 15 years since the establishment of specific standards for the treatment of incarcerated women. These rules state that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of shackles on women while giving birth.

However, these standards are often violated around the world. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In some countries, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Interviews with ex-inmates describe beatings, abuse, and being denied essential items. Some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the death of four babies … there will be more," says a local lawyer.

It is also reported women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Effects

Statistics lists some countries as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these conditions. "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 restrained to beds before giving birth. The environment for raising a newborn back in prison are alarming, as shown by cases of babies succumbing from illness and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager her baby died after delivering unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for laws that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, officers chained her legs to the 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 prisoner?" was the response.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented policies regarding expectant mothers in the justice system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and people with experience believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the legal system – for example, destitution, abuse and substance issues – are truly what we should be investing in."