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A human rights activist, while she was, was taken into custody near her residence in March 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her relatives received a call to retrieve the body of her newborn baby. The reason of death was not looked into, and the family has no idea what happened or whether she obtained any care after birth.

A Global Problem

These tragic stories are not rare in detention centers around the world. Pregnant women are often kept in appalling situations and not given proper healthcare. Some lose their pregnancies, others deliver and give birth unassisted in a prison cell. Tragically, infants perish behind bars.

"Governments believe it’s a small number of women so it’s insignificant, but that’s not true," says a lawyer dedicated to female imprisonment.

"Prison is a terrible environment for women, especially not for someone who is pregnant," she continues. "Extensive research that shows how detrimental it is. Most prisons were constructed with male inmates in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. These guidelines specify that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these standards are often violated globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, situations for expectant inmates are described as "really critical". Contact with relatives have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal beatings, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for food or medicine.

"Our organisation has documented miscarriages and the death of several infants … there will be more," says a rights defender.

Reports also indicate women who were shackled to medical beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Effects

Data shows some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as shown by cases of infants succumbing 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. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a teenager lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully advocated for legislation that ban restraints and solitary confinement for expectant 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, guards chained her legs to the bed. Doctors 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?" was the response.

"What I experienced 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 official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the legal system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held on remand, especially for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, often, 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 advocate.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be focusing on."