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A rights defender, who was, was arrested near her home in early 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her relatives received a call to collect the remains of her infant child. The reason of death was not looked into, and the family remains unaware the circumstances or if she received any care after birth.

A Global Issue

Cases such as this are not rare in prisons internationally. Women carrying children are often kept in deplorable conditions and denied proper healthcare. Some miscarry, others begin childbirth and have their babies alone in a detention cell. Devastatingly, infants die behind bars.

"Governments assume it’s a small number of women so it’s not a problem, but that is incorrect," notes a lawyer dedicated to women's incarceration.

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

Flouted International Guidelines

Over 15 years since the adoption of specific standards for the treatment of female prisoners. This framework specify that prison should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women during labour.

However, these standards are often violated globally. "This is not viewed as a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "extremely dire". Family visits have been banned, and independent monitors are denied access. Accounts with ex-inmates detail assaults, torture, and being denied essential items. Some are forced into trading sex with prison staff for nourishment or medical supplies.

"We has recorded pregnancy losses and the loss of four babies … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Consequences

Data lists some nations as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as shown by reports of infants succumbing from pneumonia and malnourishment in custody.

Stories from Different Continents

In one African country, a former inmate recalls being in a cell with expectant mothers. Cell doors were locked 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 hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the US, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies regarding expectant mothers in the legal system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and people with experience contend that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the expert.

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