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A human rights activist, while she was, was taken into custody near her home in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family were informed to collect the body of her infant child. The cause of death was not looked into, and the family has no idea the circumstances or whether she was given any care after birth.

An International Crisis

Situations like these are not rare in detention centers globally. Women carrying children are often held in appalling situations and not given proper healthcare. Some lose their pregnancies, others go into labour and have their babies alone in a prison cell. Devastatingly, some babies die while incarcerated.

"Nations believe it’s a minority of women so it’s not an issue, but that’s not true," notes a legal advocate working on women's incarceration.

"Detention is a harmful place for women, not to mention someone who is pregnant," she adds. "There’s so much evidence that indicates how damaging it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the establishment of specific standards for the treatment of incarcerated women. This framework specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women during labour.

But, these rules are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Systems

In various regions, conditions for pregnant prisoners are described as "really critical". Family visits have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women detail assaults, torture, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

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

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Effects

Statistics lists some countries as having the highest overcrowding levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds before giving birth. The environment for caring for an infant back in prison are alarming, as evidenced by cases of babies succumbing from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. For example, a young woman lost her daughter after giving birth alone in a cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord on her own.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her cell set up an organisation. She has successfully pushed for laws that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated contend that, often, 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 advocate.

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