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A rights defender, at 35 weeks pregnant, was taken into custody near her home in early 2024. Accused with a broad allegation, she was held without evidence. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The reason of death was not looked into, and the family has no idea the circumstances or if she was given any postnatal care.

A Global Problem

Cases such as this are alarmingly common in detention centers globally. Pregnant women are often kept in terrible environments and denied necessary care. Miscarriages occur, others begin childbirth and have their babies by themselves in a cell. Tragically, some babies perish behind bars.

"Nations assume it’s a few of women so it’s not an issue, but that is a misconception," notes a legal advocate focused on women's incarceration.

"Incarceration is a harmful setting for women, let alone someone who is pregnant," she explains. "Extensive studies that shows how harmful it is. Many prisons were built with men in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. This framework specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of shackles on women during labour.

But, these guidelines are consistently flouted globally. "This is not viewed as a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, situations for pregnant prisoners are reported to be "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates describe beatings, abuse, and being deprived of essential items. Reports indicate some are forced into exchanging favors with guards for nourishment or medicine.

"Our organisation has documented pregnancy losses and the death of four babies … it is certain there are more," says a local lawyer.

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

Severe Overpopulation and Its Impact

Statistics shows some nations as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as evidenced by reports of babies succumbing from pneumonia and malnourishment behind bars.

Stories from Different Continents

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager her baby died after giving birth unassisted in a cell. Her calls for help were ignored for an extended period, and she was forced to sever the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for laws that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. 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 wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies for pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Experts and people with experience contend that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and substance issues – are really what we should be focusing on."