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A rights defender, who was, was detained near her home in early 2024. Accused with a broad allegation, she was held lacking proof. Three weeks later, her family were informed to retrieve the body of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or whether she obtained any care after birth.

A Worldwide Crisis

These tragic stories are far from uncommon within correctional systems internationally. Pregnant women are often subjected to deplorable conditions and denied proper healthcare. Some miscarry, others deliver and have their babies unassisted in a cell. Devastatingly, some babies perish behind bars.

"Governments believe it’s a small number of women so it’s insignificant, but that is incorrect," notes a lawyer working on women's incarceration.

"Detention is a terrible environment for women, especially not for someone who is expecting," she explains. "There’s so much studies that indicates how harmful it is. Most prisons were built with male inmates in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the adoption of specific standards for the handling of female prisoners. These guidelines state that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of restraints on women in childbirth.

Yet, these guidelines are consistently flouted globally. "This is not viewed as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Accounts with ex-inmates describe beatings, abuse, and being denied basic supplies. Some resort to exchanging favors with prison staff for nourishment or medical supplies.

"We has recorded pregnancy losses and the death of four babies … there will be more," says a local lawyer.

It is also reported women who were chained to medical beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Impact

Data shows some countries as having the highest overcrowding levels in the world. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a cell with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman lost her daughter after delivering unassisted in a prison cell. Her calls for help went unanswered for hours, and she was had to sever the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully advocated for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.

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. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures for pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, expecting, or breastfeeding.
• Introducing home detention as an option to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," argues the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, poverty, violence and substance issues – are truly what we should be investing in."