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A rights defender, who was, was detained near her home in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were informed to retrieve the body of her infant child. The reason of death remains unexamined, and her loved ones has no idea what happened or whether she received any postnatal care.

A Global Crisis

These tragic stories are alarmingly common within correctional systems around the world. Expectant mothers are often held in appalling situations and deprived of proper healthcare. Some miscarry, others deliver and have their babies unassisted in a prison cell. Sadly, infants perish while incarcerated.

"Countries think it’s a few of women so it’s insignificant, but that is incorrect," says a lawyer dedicated to female imprisonment.

"Detention is a harmful setting for women, let alone someone who is pregnant," she continues. "Extensive studies that demonstrates how detrimental it is. Most facilities were constructed with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the establishment of specific standards for the handling of female prisoners. These rules state that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women while giving birth.

However, these guidelines are routinely ignored globally. "This is not viewed as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In certain nations, conditions for expectant inmates are reported to be "really critical". Family visits have been prohibited, and civil society are barred from entry. Accounts with ex-inmates reveal assaults, abuse, and being deprived of essential items. Some are forced into trading sex with prison staff for food or medical supplies.

"Our organisation has recorded pregnancy losses and the death of several infants … there will be more," says a local lawyer.

Accounts also tell of women who were chained to medical beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Effects

Statistics lists some countries as having the most severe overcrowding levels in the world. Women are particularly vulnerable 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."

Expectant inmates have been restrained to beds before giving birth. The environment for caring for an infant upon return in prison are worrying, as shown by reports of babies dying from illness and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a teenager her baby died after delivering alone in a prison cell. Her calls for help were ignored for hours, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell founded an advocacy group. Her work has successfully pushed for laws that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a C-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 medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. This trauma later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures for expectant mothers in the legal system. These include:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Advocates and people with experience contend that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and drugs – are truly what we should be focusing on."