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A human rights activist, who was, was taken into custody near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives received a call to collect the remains of her infant child. The cause of death has not been investigated, and the family does not know the circumstances or if she obtained any care after birth.

A Worldwide Crisis

Situations like these are alarmingly common in prisons around the world. Women carrying children are often subjected to terrible environments and not given necessary care. Miscarriages occur, others deliver and give birth by themselves in a cell. Devastatingly, infants die in custody.

"Countries assume it’s a small number of women so it’s not a problem, but that’s not true," states a legal advocate dedicated to women's incarceration.

"Prison is a harmful place for women, especially not for someone who is expecting," she continues. "Extensive research that demonstrates how detrimental it is. Many facilities were constructed with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the creation of international guidelines for the treatment of female prisoners. These rules specify that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of shackles on women in childbirth.

But, these standards are often violated globally. "This is not viewed as a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Accounts with ex-inmates detail assaults, torture, and being denied essential items. Some resort to trading sex with guards for nourishment or medicine.

"We has recorded pregnancy losses and the loss of four babies … it is certain there are more," reports a rights defender.

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

Severe Overpopulation and Its Impact

Statistics shows some countries as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as evidenced by reports of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a detention block with pregnant women. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a young woman lost her daughter after delivering alone 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.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully pushed for laws that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

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

• Considering non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an option to being held on remand, particularly for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Alternatives in the community that address the root causes of women entering the justice system – for example, destitution, violence and substance issues – are truly what we should be focusing on."