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A rights defender, while she was, was arrested near her residence in March 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The reason of death has not been investigated, and the family does not know what happened or whether she received any postnatal care.

An International Crisis

These tragic stories are far from uncommon within correctional systems globally. Women carrying children are often kept in deplorable conditions and denied medical attention. Miscarriages occur, others begin childbirth and give birth by themselves in a cell. Devastatingly, infants perish while incarcerated.

"Nations assume it’s a few of women so it’s insignificant, but that is incorrect," says a lawyer focused on women's incarceration.

"Prison is a terrible environment for women, especially not for someone who is pregnant," she explains. "There’s so much research that demonstrates how detrimental it is. Most facilities 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 handling of incarcerated women. This framework specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women in childbirth.

Yet, these standards are consistently flouted around the world. "This is not considered a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In certain nations, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with ex-inmates describe beatings, abuse, and being deprived of basic supplies. Some are forced into exchanging favors with guards for nourishment or medical supplies.

"We has recorded pregnancy losses and the loss of four babies … it is certain there are more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds during labour and gave birth while observed by male officers.

Overcrowding and Its Effects

Data lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of infants succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, 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 fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for laws that prohibit shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Advocates and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the expert.

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