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A rights defender, while she was, was detained near her home in March 2024. Accused with a vague offense, she was jailed without evidence. Weeks afterward, her relatives were informed to retrieve the body of her infant child. The reason of death remains unexamined, and her loved ones does not know the circumstances or if she received any care after birth.

A Global Issue

These tragic stories are not rare in prisons globally. Expectant mothers are often subjected to terrible environments and not given medical attention. Some miscarry, others begin childbirth and give birth alone in a detention cell. Devastatingly, infants die while incarcerated.

"Governments think it’s a small number of women so it’s insignificant, but that is a misconception," notes a lawyer working on female imprisonment.

"Detention is a terrible setting for women, especially not for someone who is pregnant," she continues. "Extensive research that indicates how detrimental it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Violated International Guidelines

It has been 15 years since the creation of specific standards for the handling of incarcerated women. These rules state that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women during labour.

But, these rules are routinely ignored globally. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In some countries, conditions for expectant inmates are described as "really critical". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.

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

Accounts also tell of women who were shackled to medical beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Statistics lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by reports of infants dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In one African country, a former inmate recalls being in a cell with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. For example, a young woman her baby died after delivering alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully pushed for legislation that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, officers chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures regarding pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Advocates and people with experience believe that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community 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 focusing on."