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A rights defender, who was, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her family received a call to collect the body of her newborn baby. The reason of death remains unexamined, and her loved ones remains unaware what happened or if she obtained any postnatal care.

A Worldwide Crisis

Situations like these are far from uncommon within correctional systems around the world. Women carrying children are often kept in appalling situations and deprived of necessary care. Some miscarry, others go into labour and give birth unassisted in a cell. Devastatingly, infants die behind bars.

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

"Incarceration is a terrible environment for women, let alone someone who is pregnant," she adds. "There’s so much studies that shows how detrimental it is. Numerous facilities were constructed with male inmates in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the creation of specific standards for the handling of incarcerated women. These rules state that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. They also forbid the use of shackles on women while giving birth.

However, these standards are often violated around the world. "This is not considered a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In certain nations, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and rights groups are denied access. Interviews with formerly incarcerated women describe beatings, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for food or medicine.

"We has documented pregnancy losses and the loss of four babies … it is certain there are more," reports a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as shown by cases of babies dying from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a cell with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were banging on 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 prison cell. Her calls for help went unanswered for an extended period, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for laws that ban restraints and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, officers chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. This trauma later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced measures for expectant mothers in the legal system. These include:

• Considering non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of sentences for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, poverty, violence and substance issues – are truly what we should be investing in."