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A human rights activist, who was, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was jailed without evidence. Three weeks later, her relatives were contacted to retrieve 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 was given any care after birth.

A Worldwide Crisis

These tragic stories are alarmingly common in prisons globally. Expectant mothers are often kept in deplorable conditions and not given necessary care. Miscarriages occur, others begin childbirth and have their babies alone in a cell. Devastatingly, some babies perish in custody.

"Countries think it’s a minority of women so it’s not a problem, but that is incorrect," notes a lawyer focused on women's incarceration.

"Incarceration is a harmful environment for women, especially not for someone who is pregnant," she continues. "There’s so much studies that shows how damaging it is. Numerous facilities were built with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

It has been 15 years since the creation of international guidelines for the handling of female prisoners. These rules clearly say that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women during labour.

But, these rules are often violated globally. "This is not considered a global gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and civil society are denied access. Interviews with formerly incarcerated women reveal assaults, torture, and being denied essential items. Reports indicate some are forced into exchanging favors with guards for nourishment or medical supplies.

"We has documented pregnancy losses and the death of several infants … 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 delivered while watched by male officers.

Overcrowding and Its Impact

Data shows some countries as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by cases of infants dying from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a past prisoner remembers being in a cell with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a teenager lost her daughter after giving birth alone in a 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 decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully advocated for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, especially for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses 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, destitution, abuse and substance issues – are truly what we should be focusing on."