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A rights defender, while she was, was taken into custody near her home in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were informed to collect the body of her infant child. The cause of death has not been investigated, and her loved ones does not know the circumstances or if she was given any care after birth.

An International Issue

Situations like these are far from uncommon within correctional systems internationally. Women carrying children are often kept in terrible environments and deprived of proper healthcare. Some lose their pregnancies, others deliver and have their babies unassisted in a prison cell. Devastatingly, infants perish while incarcerated.

"Governments believe it’s a minority of women so it’s insignificant, but that is incorrect," says a legal advocate focused on women's incarceration.

"Detention is not a good environment for women, especially not for someone who is expecting," she continues. "There’s so much evidence that shows how damaging it is. Numerous facilities were constructed with men in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the creation of international guidelines for the handling of incarcerated women. These guidelines specify that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women in childbirth.

Yet, these standards are routinely ignored around the world. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women reveal assaults, torture, and being denied basic supplies. Some are forced into exchanging favors with prison staff for food or medical supplies.

"We has documented pregnancy losses and the loss of several infants … there will be more," says a rights defender.

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

Severe Overpopulation and Its Consequences

Data shows some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of babies dying from illness and malnourishment in custody.

Stories from Different Continents

In one African country, a past prisoner recalls being in a detention block with pregnant women. Cell doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager lost her daughter after delivering alone in a cell. Her calls for help were ignored for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for legislation that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested 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 never have happened, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures regarding pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held before trial, especially for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Experts and people with experience believe that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the advocate.

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are really what we should be investing in."