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A rights defender, while she was, was detained near her residence in March 2024. Accused with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives were informed to retrieve the body of her newborn baby. The cause of death remains unexamined, and her loved ones does not know what happened or if she obtained any care after birth.

A Global Crisis

Cases such as this are not rare in prisons around the world. Pregnant women are often subjected to appalling situations and denied proper healthcare. Miscarriages occur, others begin childbirth and give birth alone in a cell. Tragically, infants perish while incarcerated.

"Countries assume it’s a small number of women so it’s insignificant, but that is a misconception," states a lawyer dedicated to female imprisonment.

"Detention is a terrible setting for women, not to mention someone who is pregnant," she continues. "Extensive evidence that indicates how harmful it is. Numerous prisons were constructed with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the creation of international guidelines for the treatment of female prisoners. These guidelines specify that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women during labour.

Yet, these guidelines are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and civil society are denied access. 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 medical supplies.

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

It is also reported women who were chained to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Effects

Data shows some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as shown by reports of babies succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a young woman her baby died after giving birth unassisted in a cell. Her calls for help went unanswered for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell founded an advocacy group. Her work has successfully advocated for legislation that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested 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 says. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures regarding pregnant women in the justice system. Among them are:

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

Advocates and people with experience argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, destitution, abuse and drugs – are truly what we should be focusing on."