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A rights defender, while she was, was detained near her residence in early 2024. Accused with a broad allegation, she was held without evidence. Weeks afterward, her family were informed to collect the remains of her newborn baby. The cause of death remains unexamined, and her loved ones does not know the circumstances or if she received any care after birth.

An International Problem

Situations like these are not rare in detention centers globally. Expectant mothers are often subjected to terrible environments and not given necessary care. Some miscarry, others deliver and give birth alone in a detention cell. Devastatingly, infants perish in custody.

"Governments assume it’s a minority of women so it’s insignificant, but that is incorrect," states a lawyer focused on female imprisonment.

"Detention is not a good place for women, not to mention someone who is expecting," she explains. "Extensive evidence that indicates how detrimental it is. Many facilities were designed with men in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. This framework specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of restraints on women in childbirth.

However, these guidelines are consistently flouted around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Systems

In various regions, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with ex-inmates reveal assaults, torture, and being denied essential items. Some resort to exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded pregnancy losses and the death of several infants … there will be more," reports a local lawyer.

It is also reported women who were shackled to medical beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Impact

Statistics shows some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is rarely 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 beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as evidenced by cases of infants succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

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

These tragedies occur in more developed countries. In one case, a young woman lost her daughter after delivering alone in a prison cell. Her calls for help were ignored for hours, and she was had to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers chained her legs to the hospital 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 prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the legal system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

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