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A rights defender, while she was, was detained near her residence in March 2024. Charged with a vague offense, she was jailed without evidence. Weeks afterward, her relatives were contacted to retrieve the body of her infant child. The cause of death was not looked into, and her loved ones remains unaware the circumstances or if she obtained any care after birth.

A Worldwide Problem

Situations like these are alarmingly common in prisons internationally. Pregnant women are often subjected to deplorable conditions and not given proper healthcare. Some lose their pregnancies, others begin childbirth and have their babies alone in a prison cell. Devastatingly, infants perish behind bars.

"Countries believe it’s a few of women so it’s not an issue, but that is incorrect," says a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful place for women, especially not for someone who is expecting," she explains. "There’s so much research that indicates how harmful it is. Numerous facilities were constructed with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the creation of specific standards for the treatment of incarcerated women. This framework clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of shackles on women in childbirth.

However, these standards are routinely ignored globally. "This is not considered a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In various regions, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with ex-inmates reveal assaults, abuse, and being deprived of essential items. Reports indicate some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation has recorded pregnancy losses and the death of four babies … there will be more," reports a local lawyer.

It is also reported women who were chained to medical beds during labour and gave birth while observed by male officers.

Overcrowding and Its Impact

Data lists some nations as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as evidenced by cases of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a teenager lost her daughter after delivering alone in a cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards chained her legs to the 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 inmate?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies regarding expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and those who have been incarcerated believe that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, destitution, violence and substance issues – are truly what we should be investing in."