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A human rights activist, while she was, was taken into custody near her residence in March 2024. Charged with a broad allegation, she was jailed without evidence. Three weeks later, her family were informed to collect the body of her infant child. The reason of death has not been investigated, and her loved ones has no idea what happened or whether she received any care after birth.

An International Issue

Cases such as this are far from uncommon within correctional systems internationally. Women carrying children are often subjected to deplorable conditions and denied proper healthcare. Miscarriages occur, others go into labour and give birth by themselves in a detention cell. Sadly, some babies die while incarcerated.

"Nations assume it’s a minority of women so it’s not an issue, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Incarceration is not a good setting for women, not to mention someone who is expecting," she continues. "There’s so much evidence that indicates how harmful it is. Many prisons were built with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the adoption of specific standards for the handling of female prisoners. This framework specify that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women while giving birth.

However, these rules are routinely ignored globally. "This is not considered a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Systems

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and civil society are barred from entry. Interviews with ex-inmates detail beatings, abuse, and being denied essential items. Reports indicate some resort to trading sex with guards for food or medical supplies.

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

Reports also indicate women who were shackled to hospital beds while in labor and gave birth while watched by male prison guards.

Overcrowding and Its Consequences

Statistics shows some countries 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 advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced by reports of infants dying from illness and severe malnutrition in custody.

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with pregnant women. Cell doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. In one case, a young woman her baby died after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully advocated for laws that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced policies for pregnant women in the justice system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Experts and people with experience believe that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and substance issues – are really what we should be investing in."