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A rights defender, at 35 weeks pregnant, was taken into custody near her residence in early 2024. Charged with a broad allegation, she was imprisoned without evidence. Three weeks later, her relatives were informed to collect the remains of her infant child. The reason of death remains unexamined, and the family has no idea the circumstances or if she was given any postnatal care.

A Worldwide Crisis

These tragic stories are not rare within correctional systems around the world. Women carrying children are often subjected to deplorable conditions and not given necessary care. Miscarriages occur, others deliver and have their babies by themselves in a detention cell. Devastatingly, some babies die behind bars.

"Nations believe it’s a few of women so it’s insignificant, but that is a misconception," notes a lawyer focused on female imprisonment.

"Detention is a terrible place for women, especially not for someone who is expecting," she continues. "Extensive evidence that shows how harmful it is. Many prisons were built with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the creation of international guidelines for the handling of incarcerated women. These guidelines state that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of restraints on women in childbirth.

However, these guidelines are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In some countries, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal assaults, torture, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

"We has recorded miscarriages and the death of four babies … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Impact

Statistics lists some countries as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced by cases of babies dying from pneumonia and severe malnutrition in custody.

Stories from Different Continents

In one African country, a former inmate recalls being in a detention block with pregnant women. 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 hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the justice system. These include:

• Evaluating non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Experts and people with experience believe that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the expert.

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