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A rights defender, while she was, was detained near her residence in March 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her family were contacted to retrieve the remains of her infant child. The reason of death remains unexamined, and her loved ones does not know the circumstances or if she obtained any postnatal care.

A Worldwide Issue

Situations like these are far from uncommon in prisons internationally. Expectant mothers are often subjected to terrible environments and not given medical attention. Some lose their pregnancies, others begin childbirth and give birth alone in a cell. Sadly, some babies die while incarcerated.

"Countries believe it’s a minority of women so it’s insignificant, but that is a misconception," says a lawyer dedicated to women's incarceration.

"Prison is a terrible setting for women, not to mention someone who is expecting," she continues. "Extensive studies that demonstrates how detrimental it is. Numerous prisons were constructed with male inmates in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the adoption of specific standards for the treatment of incarcerated women. These rules clearly say that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of shackles on women in childbirth.

Yet, these standards are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with ex-inmates reveal assaults, torture, and being deprived of basic supplies. Some are forced into trading sex with prison staff for nourishment or medicine.

"We has recorded miscarriages and the loss of four babies … it is certain there are more," says a rights defender.

It is also reported women who were shackled to medical beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Impact

Statistics lists some countries as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are alarming, as evidenced by cases of infants dying from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a detention block with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a teenager lost her daughter after delivering alone in a prison cell. Her calls for help went unanswered for hours, and she was forced to sever the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to advocate. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards 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 prisoner?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison endure," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and people with experience contend that, often, 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," says the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and drugs – are really what we should be investing in."