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A rights defender, while she was, was detained near her home in early 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her relatives received a call to retrieve the remains of her infant child. The cause of death has not been investigated, and the family does not know what happened or whether she obtained any care after birth.

A Global Crisis

Situations like these are not rare within correctional systems internationally. Women carrying children are often kept in deplorable conditions and denied proper healthcare. Some lose their pregnancies, others begin childbirth and give birth alone in a prison cell. Devastatingly, some babies perish in custody.

"Countries think it’s a small number of women so it’s not a problem, but that is incorrect," states a lawyer dedicated to female imprisonment.

"Incarceration is a harmful place for women, not to mention someone who is pregnant," she continues. "There’s so much research that shows how damaging it is. Numerous prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. This framework state that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also ban the use of restraints on women in childbirth.

Yet, these standards are consistently flouted globally. "This is not considered a global priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal beatings, abuse, and being deprived of essential items. Reports indicate some are forced into exchanging favors with guards for food or medicine.

"We has documented miscarriages and the loss of four babies … there will be more," says a rights defender.

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

Severe Overpopulation and Its Consequences

Data shows some nations as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn back in prison are alarming, as evidenced by cases of babies dying from illness and severe malnutrition in custody.

Stories from Different Continents

In one African country, a former inmate remembers being in a cell with pregnant women. Cell doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a teenager lost her daughter after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

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

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Experts and people with experience argue that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," argues the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are really what we should be investing in."