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A human rights activist, who was, was taken into custody near her home in March 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her family received a call to collect the body of her infant child. The cause of death was not looked into, and the family does not know what happened or whether she obtained any care after birth.

An International Issue

These tragic stories are not rare in prisons internationally. Women carrying children are often kept in appalling situations and denied medical attention. Some lose their pregnancies, others deliver and give birth alone in a prison cell. Devastatingly, some babies perish in custody.

"Nations think it’s a few of women so it’s insignificant, but that is incorrect," states a legal advocate focused on female imprisonment.

"Incarceration is not a good environment for women, let alone someone who is expecting," she continues. "Extensive studies that indicates how damaging it is. Many prisons were built with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the establishment of specific standards for the treatment of female prisoners. These rules state that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of restraints on women in childbirth.

Yet, these standards are often violated globally. "This isn’t seen as a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates describe beatings, torture, and being denied essential items. Some are forced into trading sex with guards for nourishment or medical supplies.

"Our organisation has documented pregnancy losses and the loss of four babies … it is certain there are more," says a rights defender.

It is also reported women who were shackled to hospital beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Effects

Data shows some nations as having the highest overcrowding levels in the world. Female inmates are especially at risk 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 prior to delivery. The environment for raising a newborn back in prison are alarming, as shown by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a young woman her baby died after delivering alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her cell founded an advocacy group. She has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

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

Alternatives and Solutions

Some nations have implemented policies for pregnant women in the justice system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Advocates and people with experience argue that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," argues the expert.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, destitution, abuse and substance issues – are truly what we should be investing in."