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A rights defender, while she was, was arrested near her residence in early 2024. Charged with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her relatives received a call to retrieve the body of her newborn baby. The reason of death has not been investigated, and her loved ones does not know what happened or if she was given any postnatal care.

A Worldwide Issue

Cases such as this are alarmingly common in prisons around the world. Women carrying children are often kept in deplorable conditions and deprived of proper healthcare. Some lose their pregnancies, others begin childbirth and have their babies alone in a detention cell. Sadly, infants die in custody.

"Countries think it’s a small number of women so it’s not a problem, but that is incorrect," notes a legal advocate focused on female imprisonment.

"Prison is not a good setting for women, let alone someone who is expecting," she explains. "Extensive studies that shows how damaging it is. Most prisons were built with men in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the adoption of international guidelines for the handling of female prisoners. These rules clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. They also ban the use of restraints on women during labour.

But, these rules are consistently flouted globally. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In some countries, situations for expectant inmates are reported to be "really critical". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women detail beatings, torture, and being deprived of essential items. Some resort to trading sex with prison staff for food or medicine.

"We has recorded pregnancy losses and the death of several infants … there will be more," reports a rights defender.

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

Severe Overpopulation and Its Impact

Data lists some countries as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as shown by reports of infants dying from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, 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 sever the cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the US, a woman who miscarried in her cell set up an organisation. She has successfully pushed for legislation that prohibit shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies regarding pregnant women in the justice system. Among them are:

• Considering alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and drugs – are truly what we should be focusing on."