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A rights defender, while she was, was detained near her home in March 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The cause of death has not been investigated, and her loved ones has no idea what happened or whether she received any care after birth.

A Worldwide Issue

Cases such as this are far from uncommon within correctional systems around the world. Women carrying children are often kept in appalling situations and not given necessary care. Miscarriages occur, others go into labour and give birth by themselves in a detention cell. Sadly, some babies perish while incarcerated.

"Countries believe it’s a minority of women so it’s not an issue, but that is incorrect," says a lawyer dedicated to women's incarceration.

"Incarceration is a terrible environment for women, especially not for someone who is pregnant," she continues. "There’s so much studies that shows how detrimental it is. Most facilities were constructed with men in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. This framework state that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women while giving birth.

However, these rules are routinely ignored around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In some countries, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with ex-inmates reveal beatings, abuse, and being deprived of basic supplies. Some are forced into exchanging favors 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.

It is also reported women who were chained to hospital beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Effects

Data shows some nations as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. The environment for caring for an infant back in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and malnourishment in custody.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for hours, and she was had to sever the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced policies for pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and those who have been incarcerated contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, poverty, abuse and drugs – are really what we should be investing in."