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A rights defender, who was, was taken into custody near her residence in March 2024. Charged with a vague offense, she was jailed lacking proof. Weeks afterward, her relatives received a call to retrieve the remains of her newborn baby. The reason of death has not been investigated, and her loved ones has no idea what happened or if she was given any postnatal care.

A Global Issue

These tragic stories are far from uncommon in detention centers globally. Women carrying children are often held in deplorable conditions and denied proper healthcare. Some lose their pregnancies, others go into labour and have their babies by themselves in a detention cell. Devastatingly, infants perish in custody.

"Countries believe it’s a small number of women so it’s not a problem, but that’s not true," notes a lawyer focused on women's incarceration.

"Prison is a harmful setting for women, especially not for someone who is pregnant," she adds. "There’s so much studies that demonstrates how detrimental it is. Most facilities were designed with male inmates 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 female prisoners. These guidelines state that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

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

Severe Hardships in Overcrowded Systems

In some countries, situations for expectant inmates are reported to be "extremely dire". Family visits have been prohibited, and rights groups are barred from entry. Accounts with ex-inmates reveal beatings, abuse, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

"We has documented miscarriages and the loss of several infants … it is certain there are more," reports a rights defender.

It is also reported women who were shackled to medical beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Effects

Statistics lists some countries as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn back in prison are alarming, as evidenced by reports of infants succumbing from pneumonia and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Cell doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a young woman 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 sever the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her cell founded an organisation. Her work has successfully advocated for legislation that prohibit shackling and isolation for pregnant inmates in multiple states.

A separate account comes from Argentina. 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 bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

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

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, destitution, violence and drugs – are really what we should be focusing on."