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A rights defender, while she was, was taken into custody near her residence in March 2024. Charged with a broad allegation, she was held without evidence. Three weeks later, her family were informed to collect the body 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 postnatal care.

An International Issue

Situations like these are far from uncommon within correctional systems around the world. Women carrying children are often kept in deplorable conditions and deprived of necessary care. Miscarriages occur, others begin childbirth and have their babies by themselves in a detention cell. Sadly, some babies die behind bars.

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

"Prison is a terrible setting for women, not to mention someone who is expecting," she continues. "There’s so much research that shows how detrimental it is. Most facilities were constructed with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the adoption of specific standards for the treatment of incarcerated women. This framework specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of restraints on women in childbirth.

But, these standards are consistently flouted around the world. "This is not considered a global priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Prisons

In some countries, situations for expectant inmates are described as "really critical". Family visits have been banned, and independent monitors are barred from entry. Interviews with ex-inmates describe assaults, torture, and being denied basic supplies. Some resort to trading sex with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of four babies … it is certain there are more," reports a local lawyer.

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

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by reports of babies succumbing from illness and malnourishment in custody.

Stories from Around the Globe

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman 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 bite through the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully advocated for legislation that prohibit restraints and isolation for expectant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, violence and drugs – are really what we should be focusing on."