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A human rights activist, at 35 weeks pregnant, was detained near her home in early 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her relatives were informed to collect the body of her infant child. The reason of death remains unexamined, and her loved ones has no idea what happened or if she obtained any postnatal care.

An International Problem

These tragic stories are alarmingly common within correctional systems around the world. Women carrying children are often kept in appalling situations and not given necessary care. Some miscarry, others begin childbirth and give birth unassisted in a detention cell. Tragically, infants perish behind bars.

"Governments assume it’s a small number of women so it’s insignificant, but that’s not true," says a legal advocate focused on women's incarceration.

"Prison is not a good place for women, especially not for someone who is expecting," she explains. "Extensive studies that shows how harmful it is. Most facilities were constructed with men in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules state that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women in childbirth.

But, these guidelines are often violated globally. "This is not considered a worldwide priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In certain nations, situations for expectant inmates are described as "really critical". Contact with relatives have been banned, and civil society are denied access. Interviews with ex-inmates reveal assaults, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medicine.

"We has documented pregnancy losses and the death of four babies … there will be more," reports a rights defender.

Accounts also tell of women who were chained to medical beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," 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. Conditions for raising a newborn upon return in prison are alarming, as evidenced by reports of babies dying from illness and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a young woman her baby died after delivering unassisted in a prison 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

A number of survivors have chosen to use their experiences to advocate. In the US, a woman who miscarried in her cell set up an organisation. Her work has successfully pushed for legislation that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she stated. This trauma later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have implemented measures regarding expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Experts and those who have been incarcerated believe 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," says the expert.

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