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A rights defender, while she was, was taken into custody near her residence in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family received a call to collect the body of her newborn baby. The cause of death was not looked into, and her loved ones has no idea what happened or if she received any care after birth.

A Worldwide Crisis

Cases such as this are alarmingly common within correctional systems around the world. Women carrying children are often subjected to appalling situations and deprived of medical attention. Some lose their pregnancies, others begin childbirth and have their babies by themselves in a prison cell. Tragically, some babies perish in custody.

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

"Incarceration is not a good environment for women, especially not for someone who is expecting," she continues. "Extensive evidence that indicates how harmful it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the establishment of specific standards for the handling of female prisoners. These guidelines clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women during labour.

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

Critical Conditions in Overcrowded Prisons

In various regions, situations for pregnant prisoners are described as "really critical". Family visits have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women reveal assaults, abuse, and being denied basic supplies. Some are forced into exchanging favors with guards for food or medical supplies.

"Our organisation 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 chained to medical beds during labour and gave birth while observed by male officers.

Severe Overpopulation and Its Consequences

Data shows some countries as having the most severe prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by reports of babies succumbing from illness and malnourishment in custody.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a young woman lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully pushed for legislation that ban restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies for expectant mothers in the legal system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, poverty, abuse and substance issues – are really what we should be investing in."