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A human rights activist, at 35 weeks pregnant, was arrested near her home in early 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the body of her infant child. The cause of death was not looked into, and the family does not know what happened or if she received any care after birth.

An International Issue

Cases such as this are not rare in detention centers internationally. Pregnant women are often kept in appalling situations and denied medical attention. Miscarriages occur, others go into labour and give birth alone in a prison cell. Tragically, some babies die while incarcerated.

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

"Detention is a terrible setting for women, not to mention someone who is expecting," she continues. "Extensive evidence that indicates how harmful it is. Most prisons were built with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the establishment of specific standards for the treatment of incarcerated women. These guidelines clearly say that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

However, these standards are consistently flouted globally. "This is not viewed as a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Prisons

In certain nations, situations for expectant inmates are described as "really critical". Family visits have been banned, and rights groups are denied access. Interviews with ex-inmates detail assaults, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medicine.

"We has documented pregnancy losses and the death of four babies … it is certain there are more," says a local lawyer.

It is also reported women who were chained to hospital beds during labour and delivered while watched by male officers.

Overcrowding and Its Impact

Statistics shows some countries as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as shown by reports of infants succumbing from illness and severe malnutrition in custody.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a teenager lost her daughter after delivering unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding pregnant women in the legal system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and people with experience argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are really what we should be investing in."