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A rights defender, while she was, was taken into custody near her home in March 2024. Accused with a crime of "illicit association", she was held lacking proof. Three weeks later, her relatives were informed to retrieve the body of her newborn baby. The reason of death has not been investigated, and the family has no idea what happened or if she was given any postnatal care.

An International Crisis

Cases such as this are not rare in detention centers internationally. Women carrying children are often subjected to terrible environments and not given necessary care. Miscarriages occur, others go into labour and give birth unassisted in a prison cell. Sadly, some babies die while incarcerated.

"Governments think it’s a small number of women so it’s not an issue, but that’s not true," notes a lawyer working on women's incarceration.

"Detention is a harmful place for women, not to mention someone who is pregnant," she adds. "There’s so much evidence that demonstrates how detrimental it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the adoption of specific standards for the treatment of female prisoners. These rules clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women during labour.

But, these rules are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In various regions, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Accounts with formerly incarcerated women describe assaults, abuse, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medicine.

"We has recorded pregnancy losses and the loss of several infants … it is certain there are more," says a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Impact

Statistics shows some nations as having the highest overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by cases of babies dying from illness and severe malnutrition in custody.

Stories from Different Continents

In one African country, a former inmate recalls being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager lost her daughter after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

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 organisation. She has successfully pushed for laws that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, officers chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, 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 measures regarding pregnant women in the justice system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, particularly for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

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

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, destitution, violence and substance issues – are truly what we should be focusing on."