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A rights defender, while she was, was taken into custody near her residence in March 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the body of her newborn baby. The cause of death remains unexamined, and the family has no idea the circumstances or if she obtained any postnatal care.

A Worldwide Issue

Situations like these are far from uncommon within correctional systems around the world. Women carrying children are often kept in deplorable conditions and deprived of medical attention. Some lose their pregnancies, others begin childbirth and give birth alone in a cell. Devastatingly, some babies die behind bars.

"Governments believe it’s a minority of women so it’s not an issue, but that’s not true," states a lawyer working on female imprisonment.

"Incarceration is not a good place for women, not to mention someone who is expecting," she adds. "There’s so much studies that indicates how detrimental it is. Numerous facilities were designed with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the establishment of specific standards for the handling of incarcerated women. These rules specify that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. They also ban the use of shackles on women while giving birth.

However, these rules are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In various regions, conditions for expectant inmates are reported to be "really critical". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being denied basic supplies. Reports indicate some resort to exchanging favors with guards for nourishment or medicine.

"Our organisation has documented miscarriages and the loss of four babies … it is certain there are more," reports a local lawyer.

It is also reported women who were shackled to medical beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Effects

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

Expectant inmates have been restrained to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of infants succumbing 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 expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a young woman her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was had to sever the cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully pushed for legislation that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries 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.
• Implementing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated argue 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 beginning," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and drugs – are truly what we should be focusing on."