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A human rights activist, while she was, was arrested near her residence in March 2024. Charged with a crime of "illicit association", she was held without evidence. Weeks afterward, her family were contacted to collect the remains of her infant child. The reason of death was not looked into, and her loved ones remains unaware the circumstances or if she was given any care after birth.

An International Issue

Cases such as this are far from uncommon within correctional systems internationally. Women carrying children are often kept in appalling situations and not given proper healthcare. Some miscarry, others go into labour and have their babies unassisted in a cell. Devastatingly, some babies die while incarcerated.

"Nations assume it’s a small number of women so it’s not an issue, but that’s not true," notes a legal advocate working on female imprisonment.

"Prison is a harmful place for women, not to mention someone who is expecting," she explains. "Extensive studies that shows how detrimental it is. Most facilities were constructed with male inmates in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the establishment of international guidelines for the handling of female prisoners. This framework specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of shackles on women during labour.

Yet, these standards are consistently flouted around the world. "This is not viewed as a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In some countries, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women detail beatings, torture, and being denied basic supplies. Some are forced into exchanging favors with guards for food or medicine.

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

Accounts also tell of women who were chained to hospital beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Statistics lists some nations 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 exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of babies dying from pneumonia and malnourishment in custody.

Stories 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 left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager her baby died after delivering alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell set up an advocacy group. She has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, officers shackled her legs to the bed. Doctors 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 obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies regarding expectant mothers in the justice system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Experts 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 criminalised for numerous offenses in the first place," argues the expert.

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