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A rights defender, who was, was arrested near her residence in early 2024. Charged with a crime of "illicit association", she was jailed without evidence. Three weeks later, her relatives were contacted to collect the remains of her newborn baby. The cause of death has not been investigated, and her loved ones remains unaware what happened or if she obtained any care after birth.

A Global Problem

Situations like these are not rare in detention centers around the world. Expectant mothers are often subjected to appalling situations and denied medical attention. Some lose their pregnancies, others begin childbirth and have their babies alone in a prison cell. Devastatingly, infants die behind bars.

"Countries think it’s a minority of women so it’s not a problem, but that’s not true," notes a legal advocate focused on female imprisonment.

"Incarceration is not a good environment for women, not to mention someone who is pregnant," she explains. "There’s so much evidence that indicates how harmful it is. Many facilities were designed with men in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the creation of international guidelines for the treatment of female prisoners. This framework specify that incarceration 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 in childbirth.

However, these standards are often violated globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and civil society are denied access. Accounts with ex-inmates describe assaults, abuse, and being deprived of essential items. Some resort to trading sex with guards for food or medical supplies.

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

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

Severe Overpopulation and Its Effects

Data shows some countries as having the most severe prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as shown by reports of infants succumbing from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman 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 hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. In one case, a teenager lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant 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. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures regarding expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates and people with experience believe that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the expert.

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