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An advocate, while she was, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was jailed without evidence. Weeks afterward, her relatives were informed to collect the body of her infant child. The reason of death has not been investigated, and her loved ones does not know what happened or if she obtained any care after birth.

A Worldwide Issue

Situations like these are not rare in prisons around the world. Women carrying children are often subjected to terrible environments and not given necessary care. Miscarriages occur, others deliver and have their babies unassisted in a detention cell. Tragically, some babies die behind bars.

"Countries believe it’s a small number of women so it’s not a problem, but that is incorrect," says a lawyer focused on women's incarceration.

"Detention is a terrible environment for women, let alone someone who is pregnant," she adds. "There’s so much research that indicates how damaging it is. Most facilities were constructed with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. These rules specify that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

However, these standards are routinely ignored around the world. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Systems

In certain nations, conditions for expectant inmates are reported to be "exceptionally severe". Family visits have been banned, and civil society are denied access. Accounts with formerly incarcerated women reveal beatings, torture, and being deprived of essential items. Some resort to trading sex with prison staff for food or medical supplies.

"Our organisation has recorded pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Impact

Statistics shows some nations as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom 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 restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as evidenced by reports of babies succumbing from illness and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell 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 hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

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

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, destitution, violence and substance issues – are really what we should be investing in."