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A human rights activist, at 35 weeks pregnant, was detained near her home in early 2024. Accused with a crime of "illicit association", she was held lacking proof. Three weeks later, her relatives were contacted to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones does not know what happened or whether she received any care after birth.

An International Problem

Situations like these are not rare within correctional systems globally. Women carrying children are often kept in deplorable conditions and denied proper healthcare. Some miscarry, others go into labour and give birth unassisted in a prison cell. Devastatingly, some babies perish while incarcerated.

"Countries assume it’s a small number of women so it’s insignificant, but that’s not true," says a lawyer dedicated to women's incarceration.

"Detention is a harmful place for women, not to mention someone who is expecting," she explains. "There’s so much research that shows how harmful it is. Numerous prisons were designed with men in mind, so women were an afterthought."

Ignored UN Rules

Over 15 years since the adoption of international guidelines for the handling of female prisoners. This framework specify that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

However, these standards are routinely ignored around the world. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In various regions, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women describe assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of four babies … it is certain there are more," reports a local lawyer.

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

Severe Overpopulation and Its Impact

Statistics lists some nations as having the most severe overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for raising a newborn back in prison are alarming, as shown by cases of babies succumbing from illness and malnourishment in custody.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. If a woman went into labour 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 floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. 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 cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the US, a woman who miscarried in her cell set up an organisation. She has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures for pregnant women in the justice system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and people with experience believe that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the expert.

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, poverty, violence and substance issues – are really what we should be focusing on."