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A human rights activist, while she was, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was held lacking proof. Three weeks later, her relatives were informed to collect the body of her infant child. The reason of death was not looked into, and the family remains unaware what happened or if she received any care after birth.

An International Issue

Cases such as this are far from uncommon in detention centers around the world. Women carrying children are often kept in terrible environments and deprived of proper healthcare. Some lose their pregnancies, others begin childbirth and give birth unassisted in a cell. Devastatingly, infants perish while incarcerated.

"Countries assume it’s a minority of women so it’s not a problem, but that is incorrect," notes a legal advocate working on women's incarceration.

"Incarceration is a terrible environment for women, not to mention someone who is expecting," she adds. "Extensive studies that demonstrates how detrimental it is. Most facilities were built with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

It has been 15 years since the adoption of specific standards for the treatment of female prisoners. These rules clearly say that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of shackles on women in childbirth.

But, these standards are routinely ignored around the world. "This is not considered a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women detail beatings, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for food or medicine.

"Our organisation has documented pregnancy losses and the loss of several infants … it is certain there are more," says a local lawyer.

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

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 fully lie down," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn back in prison are alarming, as evidenced by cases of infants dying from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager her baby died after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully pushed for laws that prohibit shackling and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the legal system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated argue that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the expert.

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