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A rights defender, at 35 weeks pregnant, was detained near her home in March 2024. Charged with a crime of "illicit association", she was held without evidence. Three weeks later, her family received a call to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones remains unaware what happened or whether she was given any care after birth.

A Worldwide Problem

Cases such as this are not rare within correctional systems around the world. Women carrying children are often subjected to terrible environments and denied proper healthcare. Some lose their pregnancies, others go into labour and have their babies by themselves in a detention cell. Tragically, some babies die in custody.

"Nations believe it’s a minority of women so it’s not a problem, but that is a misconception," says a legal advocate working on female imprisonment.

"Detention is a harmful setting for women, not to mention someone who is expecting," she adds. "There’s so much research that indicates how harmful it is. Many prisons were designed with men in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the adoption of specific standards for the treatment of female prisoners. These guidelines specify that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

However, these standards are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, situations for expectant inmates are reported to be "really critical". Family visits have been banned, and civil society are barred from entry. Accounts with ex-inmates describe beatings, torture, and being denied basic supplies. Some are forced into exchanging favors with prison staff for nourishment or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," says a rights defender.

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

Severe Overpopulation and Its Impact

Data shows some countries as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as evidenced by cases of babies dying from illness and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her calls for help were ignored for hours, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. This trauma later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies for expectant mothers in the justice system. Among them are:

• Considering non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held on remand, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and people with experience believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the advocate.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, poverty, abuse and drugs – are truly what we should be investing in."