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A rights defender, while she was, was detained near her residence in March 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her relatives received a call to retrieve the remains of her newborn baby. The cause of death was not looked into, and the family has no idea what happened or if she obtained any care after birth.

A Global Problem

Situations like these are not rare in prisons around the world. Pregnant women are often held in deplorable conditions and not given necessary care. Some miscarry, others begin childbirth and have their babies alone in a detention cell. Tragically, infants die while incarcerated.

"Countries assume it’s a small number of women so it’s not a problem, but that is a misconception," notes a lawyer working on women's incarceration.

"Prison is a harmful setting for women, especially not for someone who is pregnant," she explains. "There’s so much evidence that demonstrates how damaging it is. Numerous facilities were constructed with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. These rules clearly say that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of shackles on women in childbirth.

However, these rules are routinely ignored around the world. "This is not considered a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Interviews with formerly incarcerated women detail assaults, abuse, and being denied essential items. Reports indicate some are forced into exchanging favors with guards for food or medical supplies.

"Our organisation has recorded miscarriages 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 gave birth while observed by male prison guards.

Severe Overpopulation and Its Impact

Data shows 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 lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of babies dying from illness and malnourishment in custody.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a cell with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a young woman her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for hours, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" 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 stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies for pregnant women in the legal system. Among them are:

• Considering alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated argue that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the expert.

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, poverty, violence and substance issues – are truly what we should be focusing on."