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A rights defender, while she was, was detained near her residence in early 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her relatives received a call to collect the remains of her infant child. The cause of death has not been investigated, and the family does not know what happened or if she received any care after birth.

A Worldwide Issue

Cases such as this are not rare in detention centers internationally. Women carrying children are often subjected to deplorable conditions and not given medical attention. Some lose their pregnancies, others deliver and have their babies by themselves in a prison cell. Sadly, some babies perish while incarcerated.

"Governments believe it’s a minority of women so it’s not a problem, but that is a misconception," states a lawyer working on female imprisonment.

"Detention is not a good place for women, not to mention someone who is expecting," she continues. "There’s so much studies that indicates how harmful it is. Most prisons were constructed with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the adoption of specific standards for the handling of female prisoners. These guidelines clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of shackles on women in childbirth.

But, these standards are consistently flouted around the world. "This is not considered a worldwide gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "really critical". Family visits have been banned, and rights groups are denied access. Interviews with formerly incarcerated women describe assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to trading sex with prison staff for food or medical supplies.

"We has documented miscarriages and the loss of four babies … it is certain there are more," says a rights defender.

Reports also indicate women who were chained to medical beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Effects

Data shows some countries as having the highest prison occupancy levels in the globe. Female inmates 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 basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by reports of infants succumbing from pneumonia and malnourishment in custody.

Stories from Different Continents

In one African country, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. When someone started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a teenager her baby died after delivering unassisted in a cell. Her calls for help were ignored for hours, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully advocated for legislation that ban restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered 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 not have occurred, but this is what women in prison endure," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Experts and people with experience argue that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the expert.

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, poverty, violence and substance issues – are truly what we should be investing in."