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A human rights activist, who was, was detained near her residence in early 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family were informed to collect the remains of her infant child. The reason of death remains unexamined, and her loved ones remains unaware the circumstances or if she was given any care after birth.

A Global Issue

Situations like these are far from uncommon within correctional systems around the world. Pregnant women are often subjected to terrible environments and deprived of medical attention. Some lose their pregnancies, others go into labour and have their babies unassisted in a cell. Sadly, infants perish while incarcerated.

"Nations think it’s a small number of women so it’s not an issue, but that is a misconception," notes a lawyer dedicated to female imprisonment.

"Detention is not a good place for women, especially not for someone who is pregnant," she adds. "Extensive evidence that demonstrates how harmful it is. Many facilities were built with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the creation of specific standards for the handling of incarcerated women. These rules state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women in childbirth.

Yet, these standards are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been prohibited, and rights groups are denied access. Accounts with ex-inmates describe beatings, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

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

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

Overcrowding and Its Effects

Data shows some countries as having the highest overcrowding levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by cases of infants dying from pneumonia and malnourishment behind bars.

Stories from Different Continents

In Zambia, a former inmate recalls being in a cell with pregnant women. Cell doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events 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 an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully pushed for legislation that prohibit restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

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

Potential Reforms

Some nations have introduced policies regarding pregnant women in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Advocates and people with experience contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and drugs – are really what we should be focusing on."