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A human rights activist, while she was, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was held lacking proof. Weeks afterward, her relatives received a call to collect the remains of her newborn baby. The cause of death was not looked into, and the family remains unaware the circumstances or if she obtained any care after birth.

An International Problem

These tragic stories are not rare in detention centers globally. Women carrying children are often held in appalling situations and denied proper healthcare. Some miscarry, others go into labour and have their babies by themselves in a detention cell. Sadly, some babies perish while incarcerated.

"Nations believe it’s a minority of women so it’s insignificant, but that is a misconception," says a legal advocate dedicated to women's incarceration.

"Incarceration is not a good setting for women, not to mention someone who is expecting," she adds. "Extensive studies that indicates how harmful it is. Many facilities were designed with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. These rules specify that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also prohibit the use of shackles on women in childbirth.

Yet, these standards are routinely ignored around the world. "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."

Severe Hardships in Overcrowded Prisons

In various regions, conditions for expectant inmates are described as "really critical". Family visits have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women describe assaults, torture, and being deprived of essential items. Some are forced into exchanging favors with guards for food or medicine.

"We has recorded pregnancy losses and the death of four babies … there will be more," says a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Impact

Statistics shows some nations as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as shown by reports of infants dying from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies 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 hours, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell founded an organisation. She has successfully pushed for laws that prohibit shackling and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a C-section. As she recovered, 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. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the legal system. These include:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Advocates and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and substance issues – are really what we should be focusing on."