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A rights defender, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a vague offense, she was held lacking proof. Three weeks later, her family received a call to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones has no idea what happened or whether she was given any care after birth.

An International Crisis

Cases such as this are not rare in prisons globally. Women carrying children are often held in appalling situations and deprived of necessary care. Some miscarry, others go into labour and have their babies unassisted in a detention cell. Sadly, some babies die behind bars.

"Countries believe it’s a few of women so it’s not an issue, but that is incorrect," states a legal advocate working on female imprisonment.

"Prison is a harmful place for women, especially not for someone who is pregnant," she explains. "There’s so much research that shows how damaging it is. Many prisons were built with men in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the establishment of specific standards for the treatment of incarcerated women. These guidelines state that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also forbid the use of shackles on women in childbirth.

Yet, these guidelines are consistently flouted globally. "This is not viewed as a global priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, situations for expectant inmates are reported to be "extremely dire". Family visits have been banned, and rights groups are denied access. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of essential items. Some resort to exchanging favors with guards for food or medicine.

"We has documented miscarriages and the death of four babies … there will be more," reports a local lawyer.

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Data shows some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is rarely 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 restrained to beds before giving birth. The environment for caring for an infant back in prison are worrying, as evidenced by cases of infants succumbing from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In one African country, a former inmate recalls being in a cell with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a teenager her baby died after delivering unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell set up an advocacy group. 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 after being given a prison term. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented policies regarding pregnant women in the justice system. These include:

• Considering alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.

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