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A human rights activist, at 35 weeks pregnant, was taken into custody near her home in early 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family were contacted to collect the body of her infant child. The cause of death was not looked into, and the family remains unaware the circumstances or whether she obtained any postnatal care.

A Global Crisis

These tragic stories are far from uncommon in detention centers internationally. Women carrying children are often subjected to terrible environments and deprived of medical attention. Some lose their pregnancies, others go into labour and give birth unassisted in a detention cell. Tragically, some babies perish in custody.

"Nations believe it’s a small number of women so it’s not a problem, but that’s not true," states a legal advocate dedicated to female imprisonment.

"Prison is not a good setting for women, not to mention someone who is pregnant," she adds. "Extensive evidence that indicates how damaging it is. Numerous facilities were built with men in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the adoption of specific standards for the treatment of female prisoners. This framework specify that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of shackles on women while giving birth.

However, these standards are consistently flouted globally. "This is not considered a worldwide priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Accounts with ex-inmates describe beatings, torture, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

"We has documented pregnancy losses and the loss of several infants … it is certain there are more," says a local lawyer.

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Overcrowding and Its Effects

Data shows some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as shown by reports of infants succumbing from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were left 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. For example, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the cord on her own.

Turning Trauma into Change

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

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures for expectant mothers in the legal system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Advocates and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, poverty, violence and substance issues – are truly what we should be investing in."