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A human rights activist, while she was, was taken into custody near her home in March 2024. Accused with a vague offense, she was imprisoned without evidence. Weeks afterward, her family were informed to retrieve the body of her newborn baby. 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

Situations like these are far from uncommon in prisons internationally. Pregnant women are often subjected to appalling situations and not given proper healthcare. Some lose their pregnancies, others deliver and give birth by themselves in a prison cell. Sadly, infants perish behind bars.

"Countries assume it’s a small number of women so it’s not a problem, but that’s not true," says a legal advocate focused on female imprisonment.

"Detention is a terrible setting for women, not to mention someone who is pregnant," she adds. "Extensive studies that demonstrates how harmful it is. Many prisons were constructed with men in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the creation of specific standards for the handling of female prisoners. These guidelines state that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of restraints on women while giving birth.

However, these guidelines are often violated globally. "This is not considered a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In some countries, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Interviews with formerly incarcerated women describe assaults, torture, and being deprived of basic supplies. Some are forced into trading sex with guards for nourishment or medical supplies.

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

Reports also indicate women who were chained to medical beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics lists some countries as having the highest overcrowding levels in the world. Women are particularly vulnerable 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."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of babies dying from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman 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 more developed nations. For example, a young woman her baby died after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for laws that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later informed provincial policies around giving birth while incarcerated.

Potential Reforms

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

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held before trial, especially for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Advocates and people with experience argue that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Community-based solutions that tackle the root causes of women coming into contact with the legal system – for example, poverty, violence and drugs – are truly what we should be focusing on."