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A human rights activist, while she was, was arrested near her home in early 2024. Accused with a broad allegation, she was jailed lacking proof. Three weeks later, her family were contacted to collect the body of her newborn baby. The cause of death has not been investigated, and the family has no idea what happened or if she received any care after birth.

An International Crisis

Cases such as this are not rare within correctional systems globally. Expectant mothers are often kept in appalling situations and not given necessary care. Some lose their pregnancies, others go into labour and give birth unassisted in a cell. Sadly, infants die behind bars.

"Governments assume it’s a small number of women so it’s not an issue, but that’s not true," notes a legal advocate focused on female imprisonment.

"Incarceration is a terrible place for women, especially not for someone who is pregnant," she adds. "Extensive studies that indicates how damaging it is. Many prisons were designed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the creation of specific standards for the treatment of female prisoners. This framework specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

But, these guidelines are often violated globally. "This isn’t seen as a global priority for women's rights," says the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In some countries, situations for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of essential items. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.

"We has recorded miscarriages and the loss of several infants … it is certain there are more," says a local lawyer.

Reports also indicate women who were shackled to hospital beds while in labor and delivered while watched by male prison guards.

Severe Overpopulation and Its Effects

Data lists some nations as having the most severe overcrowding levels in the globe. Female inmates are especially at risk 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 handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as shown by reports of infants dying from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. In one case, a young woman her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for legislation that ban restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison endure," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures regarding pregnant women in the legal system. Among them are:

• Considering alternatives to detention for accused women who are mothers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and substance issues – are truly what we should be focusing on."