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A rights defender, while she was, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was held lacking proof. Three weeks later, her family received a call to collect the remains of her newborn baby. The cause of death remains unexamined, and the family does not know what happened or whether she received any care after birth.

A Global Crisis

These tragic stories are not rare within correctional systems internationally. Expectant mothers are often kept in terrible environments and deprived of necessary care. Some lose their pregnancies, others go into labour and have their babies unassisted in a detention cell. Sadly, infants die while incarcerated.

"Nations assume it’s a minority of women so it’s insignificant, but that is incorrect," notes a legal advocate working on women's incarceration.

"Detention is a terrible setting for women, let alone someone who is pregnant," she continues. "There’s so much evidence that demonstrates how harmful it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines specify that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women in childbirth.

But, these guidelines are consistently flouted globally. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Systems

In some countries, conditions for pregnant prisoners are reported to be "really critical". Family visits have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being deprived of basic supplies. Some are forced into trading sex with prison staff for nourishment or medicine.

"Our organisation has documented miscarriages and the loss of four babies … there will be more," reports a local lawyer.

Reports also indicate women who were chained to medical beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Impact

Statistics lists some nations as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for raising a newborn back in prison are alarming, as evidenced by reports of babies succumbing from illness and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were locked overnight. When someone 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 ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman her baby died after giving birth alone in a prison cell. Her calls for help were ignored for an extended period, and she was forced 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 lost her pregnancy in her cell founded an organisation. She has successfully advocated for legislation that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" 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 provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures for pregnant women in the justice system. These include:

• Considering alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

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

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and substance issues – are truly what we should be focusing on."