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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a broad allegation, she was held without evidence. Weeks afterward, her family were informed to retrieve the body of her infant child. The cause of death remains unexamined, and the family has no idea the circumstances or if she was given any postnatal care.

An International Issue

Situations like these are alarmingly common within correctional systems around the world. Women carrying children are often subjected to deplorable conditions and denied proper healthcare. Miscarriages occur, others go into labour and give birth alone in a cell. Devastatingly, infants die while incarcerated.

"Governments believe it’s a minority of women so it’s insignificant, but that is incorrect," notes a legal advocate dedicated to women's incarceration.

"Prison is not a good environment for women, not to mention someone who is expecting," she explains. "Extensive studies that indicates how harmful it is. Many facilities were designed with male inmates in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the establishment of specific standards for the treatment of female prisoners. These guidelines specify that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women in childbirth.

Yet, these guidelines are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, situations for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and civil society are denied access. Accounts with formerly incarcerated women reveal assaults, abuse, and being deprived of basic supplies. Some resort to exchanging favors with prison staff 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 shackled to hospital beds during labour and gave birth while observed by male prison guards.

Overcrowding and Its Effects

Statistics shows some nations as having the highest prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for raising a newborn back in prison are alarming, as evidenced by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "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 also happen in wealthier countries. In one case, a young woman lost her daughter after giving birth unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, 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 not have occurred, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

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

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and those who have been incarcerated believe that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the advocate.

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, destitution, abuse and substance issues – are really what we should be focusing on."