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A rights defender, at 35 weeks pregnant, was arrested near her residence in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her relatives were contacted to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones does not know the circumstances or if she received any postnatal care.

A Worldwide Issue

Cases such as this are not rare in detention centers globally. Pregnant women are often subjected to terrible environments and denied necessary care. Some miscarry, others go into labour and give birth by themselves in a detention cell. Sadly, infants perish while incarcerated.

"Nations think it’s a few of women so it’s not an issue, but that is incorrect," says a legal advocate working on female imprisonment.

"Incarceration is a harmful place for women, especially not for someone who is expecting," she adds. "There’s so much research that indicates how damaging it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the adoption of specific standards for the treatment of incarcerated women. These guidelines state that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of shackles on women while giving birth.

However, these standards are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "really critical". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with ex-inmates detail beatings, torture, and being denied essential items. Some resort to trading sex with guards for food or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … there will be more," reports a local lawyer.

Reports also indicate women who were shackled to medical beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Effects

Data shows some countries as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains 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 alarming, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a detention block with pregnant women. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a young woman her baby died after delivering unassisted in a cell. Her calls for help were ignored for hours, and she was forced to bite through the cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully pushed for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"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 official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies for pregnant women in the justice system. These include:

• Evaluating alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience argue that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are really what we should be focusing on."