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A human rights activist, while she was, was taken into custody near her residence in early 2024. Charged with a broad allegation, she was imprisoned without evidence. Three weeks later, her family received a call to retrieve the remains of her newborn baby. The cause of death has not been investigated, and her loved ones does not know what happened or if she was given any postnatal care.

A Global Crisis

Cases such as this are not rare within correctional systems around the world. Women carrying children are often held in terrible environments and deprived of medical attention. Some miscarry, others go into labour and give birth by themselves in a cell. Sadly, some babies die in custody.

"Nations believe it’s a minority of women so it’s not an issue, but that’s not true," notes a lawyer working on women's incarceration.

"Incarceration is not a good environment for women, let alone someone who is expecting," she explains. "Extensive evidence that shows how harmful it is. Many prisons were built with male inmates in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the adoption of specific standards for the handling of female prisoners. These rules specify that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

Yet, these guidelines are consistently flouted around the world. "This is not viewed as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In various regions, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Accounts with ex-inmates detail assaults, abuse, and being deprived of basic supplies. Some resort to exchanging favors with guards for nourishment or medical supplies.

"Our organisation has documented miscarriages and the loss of four babies … it is certain there are more," reports a rights defender.

Reports also indicate women who were shackled to medical beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

Statistics lists some nations as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds before giving birth. The environment for caring for an infant back in prison are worrying, as shown by reports of infants succumbing from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with pregnant women. Doors were locked overnight. If a woman started giving birth 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, yelling: ‘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 calls for help went unanswered for an extended period, and she was forced to bite through the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully pushed for laws that prohibit restraints and isolation for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered 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 not have occurred, but this is what women in prison endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures for expectant mothers in the justice system. Among them are:

• Considering non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated contend that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be investing in."