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A rights defender, while she was, was taken into custody near her residence in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The reason of death remains unexamined, and the family remains unaware the circumstances or whether she was given any postnatal care.

A Global Issue

These tragic stories are not rare in prisons globally. Women carrying children are often kept in terrible environments and denied necessary care. Some lose their pregnancies, others deliver and have their babies unassisted in a cell. Tragically, infants perish while incarcerated.

"Nations assume it’s a small number of women so it’s insignificant, but that’s not true," notes a legal advocate working on women's incarceration.

"Detention is a harmful environment for women, especially not for someone who is expecting," she continues. "There’s so much evidence that shows how detrimental it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the adoption of specific standards for the handling of incarcerated women. These rules clearly say that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women during labour.

Yet, these rules are often violated around the world. "This isn’t seen as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Packed Systems

In various regions, conditions for pregnant prisoners are reported to be "really critical". Family visits have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women reveal assaults, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medicine.

"We has recorded pregnancy losses and the death of four babies … there will be more," says a rights defender.

Reports also indicate women who were shackled to medical beds during labour and gave birth while observed by male officers.

Severe Overpopulation and Its Impact

Statistics lists some countries as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a teenager her baby died after giving birth alone in a cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her cell founded an organisation. Her work has successfully pushed for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers chained 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 prisoner?" they asked.

"My ordeal was medical abuse during childbirth. 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.

Alternatives and Solutions

Some nations have implemented policies for pregnant women in the justice system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Advocates and people with experience contend that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that address 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."