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A human rights activist, while she was, was detained near her home in March 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her relatives were contacted to collect the body of her infant child. The reason of death remains unexamined, and her loved ones does not know what happened or if she received any postnatal care.

A Global Crisis

Cases such as this are not rare within correctional systems internationally. Women carrying children are often held in terrible environments and deprived of medical attention. Some miscarry, others go into labour and give birth by themselves in a cell. Tragically, infants die behind bars.

"Governments think it’s a small number of women so it’s insignificant, but that is incorrect," states a lawyer dedicated to women's incarceration.

"Incarceration is not a good setting for women, not to mention someone who is pregnant," she adds. "Extensive evidence that shows how detrimental it is. Many facilities were constructed with men in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the adoption of international guidelines for the treatment of female prisoners. This framework state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women in childbirth.

However, these rules are routinely ignored around the world. "This is not considered a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Systems

In some countries, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being denied essential items. Some resort to trading sex with prison staff for food or medical supplies.

"We has recorded miscarriages and the death of several infants … it is certain there are more," says a local lawyer.

Reports also indicate women who were chained to medical beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Impact

Statistics shows some countries as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as shown by reports of babies succumbing from illness and malnourishment behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish 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 go through," she stated. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented measures for pregnant women in the justice system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held before trial, especially for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and people with experience argue that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the expert.

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