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A human rights activist, while she was, was detained near her home in early 2024. Charged with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family were contacted to collect the remains of her infant child. The cause of death was not looked into, and the family does not know what happened or if she was given any postnatal care.

A Worldwide Problem

Cases such as this are far from uncommon in detention centers internationally. Women carrying children are often held in terrible environments and denied proper healthcare. Miscarriages occur, others begin childbirth and have their babies alone in a cell. Sadly, infants die while incarcerated.

"Governments believe it’s a small number of women so it’s not an issue, but that is incorrect," notes a legal advocate dedicated to women's incarceration.

"Detention is not a good setting for women, especially not for someone who is pregnant," she adds. "There’s so much evidence that demonstrates how damaging it is. Numerous prisons were designed with men in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the establishment of specific standards for the treatment of incarcerated women. This framework specify that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women while giving birth.

But, these rules are often violated around the world. "This is not viewed as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In various regions, conditions for expectant inmates are reported to be "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with ex-inmates detail assaults, abuse, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the loss of four babies … there will be more," says a rights defender.

Reports also indicate women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Impact

Statistics lists some countries as having the most severe prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of infants dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a cell with pregnant women. Cell doors were secured overnight. When someone 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 floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a young woman lost her daughter after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, guards shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced policies for pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held before trial, especially for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and people with experience contend 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.

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