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A rights defender, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was held lacking proof. Three weeks later, her relatives received a call to retrieve the body of her infant child. The cause of death has not been investigated, and the family has no idea what happened or if she obtained any care after birth.

An International Issue

These tragic stories are alarmingly common in detention centers internationally. Women carrying children are often kept in appalling situations and denied medical attention. Miscarriages occur, others deliver and have their babies alone in a prison cell. Devastatingly, infants perish while incarcerated.

"Governments believe it’s a minority of women so it’s not an issue, but that is a misconception," says a lawyer dedicated to female imprisonment.

"Detention is not a good place for women, especially not for someone who is pregnant," she continues. "There’s so much evidence that demonstrates how damaging it is. Most facilities were constructed with male inmates in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the adoption of specific standards for the treatment of female prisoners. These guidelines state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these rules are often violated globally. "This isn’t seen as a global priority for women's rights," argues the expert. "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 reported to be "really critical". Family visits have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women reveal beatings, torture, and being deprived of basic supplies. Some resort to trading sex with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the death of four babies … it is certain there are more," reports a rights defender.

It is also reported women who were shackled to hospital beds during labour and delivered while watched by male prison guards.

Severe Overpopulation and Its Effects

Data shows some countries as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic 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 evidenced by cases of infants succumbing from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a young woman her baby died after delivering unassisted in a prison 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 chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an organisation. She has successfully pushed for legislation that ban restraints and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff 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 obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented measures regarding pregnant women in the justice system. Among them are:

• Considering non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, in most cases, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."