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A human rights activist, while she was, was taken into custody near her home in March 2024. Accused with a vague offense, she was held lacking proof. Three weeks later, her family received a call to collect the remains of her infant child. The reason of death has not been investigated, and her loved ones has no idea what happened or whether she was given any care after birth.

An International Issue

Situations like these are alarmingly common within correctional systems globally. Women carrying children are often subjected to deplorable conditions and deprived of necessary care. Miscarriages occur, others go into labour and give birth alone in a detention cell. Tragically, infants die behind bars.

"Nations think it’s a minority of women so it’s insignificant, but that is a misconception," states a lawyer focused on women's incarceration.

"Detention is a harmful place for women, not to mention someone who is expecting," she continues. "There’s so much research that shows how detrimental it is. Most facilities were constructed with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the creation of specific standards for the treatment of female prisoners. This framework state that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of shackles on women while giving birth.

However, these rules are often violated 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 shame and stereotyping."

Critical Conditions in Packed Prisons

In some countries, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women describe beatings, torture, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

"We has documented miscarriages and the loss of several infants … there will be more," says a local lawyer.

Reports also indicate women who were chained to medical beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Impact

Statistics lists some nations as having the highest prison occupancy levels in the world. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn back in prison are alarming, as shown by reports of babies succumbing from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested 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 stated. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies for pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Experts and people with experience contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the advocate.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."