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A rights defender, who was, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was jailed without evidence. Three weeks later, her family were contacted to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones does not know what happened or whether she was given any care after birth.

A Worldwide Crisis

Cases such as this are alarmingly common in prisons internationally. Women carrying children are often subjected to deplorable conditions and not given proper healthcare. Some lose their pregnancies, others deliver and have their babies alone in a cell. Devastatingly, infants perish behind bars.

"Governments assume it’s a small number of women so it’s not an issue, but that is a misconception," notes a lawyer dedicated to female imprisonment.

"Incarceration is a terrible environment for women, not to mention someone who is expecting," she explains. "There’s so much studies that indicates how harmful it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the adoption of international guidelines for the treatment of female prisoners. This framework state that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also ban the use of restraints on women in childbirth.

However, these standards are consistently flouted globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and independent monitors are barred from entry. Interviews with ex-inmates detail beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medicine.

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

It is also reported women who were chained to hospital beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Consequences

Statistics lists some nations as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a human rights outreach director. "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 back in prison are worrying, as shown by reports of infants succumbing from illness and malnourishment behind bars.

Stories from Around the Globe

In one African country, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for legislation that prohibit shackling and isolation for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held before trial, particularly for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and people with experience argue that, often, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and substance issues – are really what we should be investing in."