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A rights defender, while she was, was taken into custody near her home in March 2024. Charged with a vague offense, she was imprisoned without evidence. Weeks afterward, her family were contacted to collect the remains of her newborn baby. The cause of death was not looked into, and her loved ones does not know the circumstances or if she was given any postnatal care.

An International Problem

Situations like these are alarmingly common in prisons internationally. Women carrying children are often kept in terrible environments and not given medical attention. Miscarriages occur, others deliver and have their babies unassisted in a cell. Devastatingly, some babies die behind bars.

"Nations think it’s a minority of women so it’s not a problem, but that’s not true," notes a lawyer working on women's incarceration.

"Prison is a harmful environment for women, let alone someone who is expecting," she adds. "There’s so much research that demonstrates how damaging it is. Numerous prisons were designed with male inmates in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. This framework specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women during labour.

Yet, these standards are often violated around the world. "This isn’t seen as a global gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Systems

In various regions, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates reveal assaults, torture, and being denied essential items. Reports indicate some resort to trading sex with guards for food or medicine.

"We has recorded pregnancy losses and the death of four babies … it is certain there are more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Impact

Statistics lists some countries as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

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

Such events occur in wealthier countries. For example, a teenager lost her daughter after delivering alone in a prison cell. Her calls for help were ignored for hours, and she was had to bite through the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for legislation that prohibit restraints and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

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

Alternatives and Solutions

Other countries have implemented measures for expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated contend that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, destitution, violence and substance issues – are truly what we should be focusing on."