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A rights defender, who was, was detained near her home in early 2024. Charged with a crime of "illicit association", she was jailed without evidence. Three weeks later, her family were contacted to retrieve the body of her newborn baby. The cause of death was not looked into, and the family remains unaware the circumstances or whether she received any care after birth.

An International Crisis

Situations like these are not rare within correctional systems globally. Women carrying children are often subjected to appalling situations and denied medical attention. Miscarriages occur, others deliver and give birth alone in a cell. Devastatingly, infants die while incarcerated.

"Countries believe it’s a few of women so it’s insignificant, but that is incorrect," states a lawyer focused on female imprisonment.

"Incarceration is a terrible environment for women, let alone someone who is pregnant," she explains. "Extensive evidence that shows how damaging it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines state that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of restraints on women during labour.

But, these rules are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Prisons

In various regions, conditions for expectant inmates are described as "extremely dire". Family visits have been banned, and rights groups are barred from entry. Interviews with ex-inmates detail assaults, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medicine.

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

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

Overcrowding and Its Effects

Statistics shows some nations as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

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

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her cell set up an organisation. She has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

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, officers chained her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they suggested 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. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced measures for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

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

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are truly what we should be investing in."