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A rights defender, who was, was taken into custody near her home in early 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her relatives were informed to retrieve the remains of her infant child. The reason of death was not looked into, and her loved ones has no idea the circumstances or whether she obtained any care after birth.

A Global Crisis

Cases such as this are far from uncommon within correctional systems internationally. Pregnant women are often kept in terrible environments and denied medical attention. Some miscarry, others begin childbirth and have their babies alone in a prison cell. Tragically, some babies perish while incarcerated.

"Nations assume it’s a minority of women so it’s not a problem, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Detention is a harmful setting for women, not to mention someone who is expecting," she adds. "Extensive studies that shows how damaging it is. Many facilities were constructed with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the creation of specific standards for the treatment of female prisoners. These guidelines state that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of shackles on women during labour.

Yet, these standards are consistently flouted globally. "This is not considered a global priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In some countries, situations for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women reveal assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … there will be more," reports a local lawyer.

It is also reported women who were chained to medical beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Data lists some countries as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as shown by reports of babies succumbing from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a cell with pregnant women. Doors were locked 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!’"

Such events occur in more developed nations. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for laws that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced policies for pregnant women in the legal system. These include:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Experts and people with experience contend that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

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