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A human rights activist, at 35 weeks pregnant, was detained near her home in March 2024. Accused with a vague offense, she was held without evidence. Weeks afterward, her family were contacted to retrieve the body of her infant child. The reason of death remains unexamined, and the family remains unaware the circumstances or if she received any postnatal care.

A Global Crisis

These tragic stories are alarmingly common within correctional systems around the world. Women carrying children are often subjected to terrible environments and not given necessary care. Some miscarry, others begin childbirth and have their babies unassisted in a cell. Tragically, some babies die in custody.

"Countries believe it’s a few of women so it’s insignificant, but that’s not true," notes a legal advocate dedicated to women's incarceration.

"Incarceration is not a good setting for women, not to mention someone who is expecting," she adds. "Extensive evidence that indicates how detrimental it is. Numerous prisons were built with men in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the adoption of specific standards for the handling of incarcerated women. This framework specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of restraints on women during labour.

But, these rules are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Systems

In some countries, situations for pregnant prisoners are described as "really critical". Family visits have been prohibited, and civil society are denied access. Accounts with ex-inmates reveal beatings, torture, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

"We has recorded pregnancy losses and the loss of several infants … it is certain there are more," reports a rights defender.

Reports also indicate women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Impact

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

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of babies dying from pneumonia and malnourishment in custody.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell 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 banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a teenager her baby died after delivering alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, 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 not have occurred, but this is what women in prison endure," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

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

• Evaluating non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Advocates and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, poverty, abuse and substance issues – are really what we should be focusing on."