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A rights defender, while she was, was taken into custody near her residence in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the body of her infant child. The reason of death remains unexamined, and her loved ones has no idea what happened or whether she received any care after birth.

A Worldwide Problem

Cases such as this are alarmingly common in prisons around the world. Women carrying children are often kept in appalling situations and denied necessary care. Some lose their pregnancies, others deliver and have their babies by themselves in a prison cell. Sadly, infants perish while incarcerated.

"Countries assume it’s a minority of women so it’s not a problem, but that is a misconception," states a lawyer focused on female imprisonment.

"Prison is a terrible setting for women, not to mention someone who is expecting," she adds. "Extensive research that shows how harmful it is. Many facilities were built with men in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the adoption of international guidelines for the handling of female prisoners. These guidelines clearly say that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women while giving birth.

Yet, these standards are often violated globally. "This is not viewed as a global gender-equality priority," argues the expert. "It’s not visible, 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 "exceptionally severe". Contact with relatives have been prohibited, and rights groups are denied access. Interviews with formerly incarcerated women detail beatings, abuse, and being deprived of basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medical supplies.

"We has documented pregnancy losses and the death of several infants … it is certain there are more," reports a rights defender.

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

Overcrowding and Its Impact

Statistics shows some countries as having the highest overcrowding levels in the world. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn back in prison are alarming, as evidenced by reports of infants dying from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a former inmate recalls being in a detention block with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a young woman lost her daughter after delivering unassisted in a prison cell. Her calls for help were ignored for hours, and she was forced to bite through the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for laws that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, 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.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented measures regarding pregnant women in the legal system. These include:

• Considering alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing home detention as an option to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience believe that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the advocate.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, violence and substance issues – are really what we should be focusing on."