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A rights defender, while she was, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her family were contacted to collect the body of her newborn baby. The reason of death remains unexamined, and her loved ones does not know what happened or if she was given any postnatal care.

A Worldwide Problem

Situations like these are alarmingly common within correctional systems globally. Expectant mothers are often kept in terrible environments and deprived of proper healthcare. Some miscarry, others begin childbirth and give birth alone in a cell. Sadly, infants die in custody.

"Governments think it’s a minority of women so it’s not an issue, but that’s not true," notes a lawyer dedicated to women's incarceration.

"Detention is a harmful environment for women, especially not for someone who is pregnant," she explains. "Extensive research that shows how detrimental it is. Many prisons were constructed with men in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of female prisoners. These rules specify that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. They also forbid the use of shackles on women during labour.

But, these rules are routinely ignored globally. "This is not viewed as a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Systems

In some countries, situations for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal beatings, torture, and being denied basic supplies. Some resort to exchanging favors with prison staff for nourishment or medical supplies.

"We has documented pregnancy losses and the loss of four babies … it is certain there are more," says a rights defender.

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

Severe Overpopulation and Its Consequences

Data lists some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by cases of babies succumbing from illness and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully advocated for legislation that prohibit shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented measures regarding pregnant women in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the expert.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, destitution, abuse and drugs – are really what we should be focusing on."