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A rights defender, while she was, was arrested near her home in March 2024. Accused with a broad allegation, she was held lacking proof. Three weeks later, her family received a call to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones does not know what happened or whether she obtained any postnatal care.

A Global Crisis

Cases such as this are alarmingly common in detention centers around the world. Pregnant women are often subjected to deplorable conditions and not given necessary care. Some lose their pregnancies, others begin childbirth and have their babies by themselves in a detention cell. Tragically, some babies die while incarcerated.

"Nations believe it’s a small number of women so it’s not an issue, but that is a misconception," states a lawyer working on women's incarceration.

"Incarceration is a terrible environment for women, not to mention someone who is expecting," she continues. "There’s so much evidence that demonstrates how detrimental it is. Many prisons were designed with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. These rules specify that prison should be a final option for pregnant women and that alternatives to detention should always be considered. They also forbid the use of shackles on women while giving birth.

But, these guidelines 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."

Severe Hardships in Overcrowded Systems

In some countries, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women describe assaults, torture, and being deprived of essential items. Reports indicate some resort to trading sex with prison staff for nourishment or medical supplies.

"We has documented miscarriages and the loss of four babies … there will be more," says a rights defender.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Effects

Data shows some countries as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as evidenced by cases of babies dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a detention block with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a teenager her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her cell set up an advocacy group. Her work has successfully pushed for laws that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards chained her legs to the 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.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later informed official guidelines around childbirth in detention.

Alternatives and Solutions

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

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

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

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, violence and substance issues – are truly what we should be focusing on."