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A human rights activist, who was, was detained near her home in early 2024. Charged with a crime of "illicit association", she was held lacking proof. Three weeks later, her family were informed 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 whether she was given any postnatal care.

A Global Issue

Cases such as this are alarmingly common within correctional systems internationally. Pregnant women are often subjected to deplorable conditions and deprived of necessary care. Some miscarry, others go into labour and give birth unassisted in a prison cell. Sadly, some babies die behind bars.

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

"Prison is a terrible place for women, not to mention someone who is pregnant," she adds. "There’s so much evidence that indicates how detrimental it is. Most prisons were built with men in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the establishment of international guidelines for the handling of incarcerated women. These guidelines state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women during labour.

Yet, these rules are consistently flouted around the world. "This is not considered a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In various regions, conditions for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and civil society are denied access. Accounts with formerly incarcerated women detail beatings, abuse, and being deprived of basic supplies. Some are forced into exchanging favors with guards for nourishment or medical supplies.

"We has recorded miscarriages and the loss of four babies … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to medical beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics lists some countries as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a advocate. "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 back in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a teenager her baby died after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for laws that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures regarding pregnant women in the justice system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and people with experience argue that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the expert.

"Community-based solutions that address the root causes of women entering the justice system – for example, destitution, violence and substance issues – are really what we should be investing in."