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A rights defender, at 35 weeks pregnant, was arrested near her residence in early 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her family were contacted to collect the body of her infant child. The cause of death was not looked into, and the family remains unaware what happened or whether she received any care after birth.

A Worldwide Issue

Situations like these are far from uncommon in prisons around the world. Women carrying children are often subjected to deplorable conditions and not given medical attention. Miscarriages occur, others go into labour and have their babies unassisted in a prison cell. Tragically, infants perish behind bars.

"Governments think it’s a minority of women so it’s not a problem, but that is a misconception," states a lawyer working on women's incarceration.

"Incarceration is a harmful environment for women, especially not for someone who is pregnant," she explains. "There’s so much research that shows how detrimental it is. Numerous prisons were constructed with men in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the adoption of international guidelines for the handling of incarcerated women. This framework state that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. They also ban the use of restraints on women during labour.

However, these guidelines are often violated globally. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and rights groups are denied access. Accounts with ex-inmates describe beatings, torture, and being denied basic supplies. Some are forced into trading sex with prison staff for food or medicine.

"We has documented miscarriages and the death of four babies … there will be more," reports a rights defender.

Reports also indicate women who were chained to hospital beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Data lists some nations as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are alarming, as shown by cases of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her calls for help went unanswered for an extended period, and she was had to sever the cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal 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 official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the legal system. These include:

• Evaluating alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated contend that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the expert.

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