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A human rights activist, who was, 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 remains of her infant child. The cause of death was not looked into, and her loved ones remains unaware what happened or whether she was given any postnatal care.

A Global Problem

Situations like these are not rare within correctional systems internationally. Pregnant women are often kept in appalling situations and deprived of medical attention. Some lose their pregnancies, others go into labour and give birth by themselves in a detention cell. Tragically, some babies die in custody.

"Countries believe it’s a few of women so it’s not an issue, but that is a misconception," states a legal advocate working on women's incarceration.

"Detention is a terrible environment for women, let alone someone who is pregnant," she adds. "There’s so much evidence that shows how detrimental it is. Many prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the establishment of international guidelines for the treatment of female prisoners. These guidelines state that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of shackles on women while giving birth.

But, these guidelines are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women describe assaults, torture, and being denied basic supplies. Some resort to trading sex with prison staff for nourishment or medical supplies.

"We has documented pregnancy losses and the loss of several infants … there will be more," reports a rights defender.

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 Consequences

Statistics lists some countries as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as shown by cases of infants dying from illness and severe malnutrition in custody.

Stories from Different Continents

In one African country, a past prisoner remembers being in a detention block with pregnant women. Cell doors were locked 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 ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a young woman lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies regarding expectant mothers in the justice system. These include:

• Considering non-custodial options for accused women who are mothers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held before trial, especially for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

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

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, destitution, violence and substance issues – are truly what we should be focusing on."