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A human rights activist, while she was, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The cause of death was not looked into, and the family does not know the circumstances or whether she was given any care after birth.

A Worldwide Crisis

Cases such as this are alarmingly common in detention centers globally. Pregnant women are often kept in deplorable conditions and not given necessary care. Miscarriages occur, others begin childbirth and have their babies unassisted in a cell. Tragically, some babies perish in custody.

"Governments assume it’s a small number of women so it’s not an issue, but that is incorrect," states a lawyer dedicated to women's incarceration.

"Prison is a terrible environment for women, especially not for someone who is pregnant," she explains. "There’s so much evidence that indicates how damaging it is. Many facilities were constructed with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the adoption of international guidelines for the handling of incarcerated women. These guidelines clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

But, these guidelines are consistently flouted around the world. "This is not considered a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and civil society are denied access. Interviews with ex-inmates detail beatings, abuse, and being deprived of essential items. Some resort to trading sex with guards for food or medicine.

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

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

Severe Overpopulation and Its Effects

Statistics lists some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of infants dying from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a detention block with pregnant women. Cell doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, 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 alone in a prison cell. Her calls for help were ignored for hours, and she was forced to bite through the cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell founded an organisation. She has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "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 never have happened, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have introduced measures regarding pregnant women in the legal system. These include:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the expert.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, destitution, violence and substance issues – are really what we should be investing in."