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A rights defender, while she was, was taken into custody near her home in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the body of her infant child. The reason of death remains unexamined, and the family has no idea the circumstances or if she received any care after birth.

A Global Crisis

Situations like these are not rare in detention centers globally. Women carrying children are often kept in appalling situations and not given proper healthcare. Miscarriages occur, others go into labour and have their babies alone in a detention cell. Sadly, infants perish behind bars.

"Nations think it’s a minority of women so it’s insignificant, but that is incorrect," states a lawyer dedicated to female imprisonment.

"Detention is not a good place for women, not to mention someone who is pregnant," she explains. "There’s so much studies that shows how harmful it is. Many prisons were constructed with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the adoption of specific standards for the treatment of female prisoners. This framework clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of shackles on women in childbirth.

But, these standards are consistently flouted around the world. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "extremely dire". Family visits have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"We has recorded miscarriages and the loss of four babies … there will be more," says a rights defender.

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

Overcrowding and Its Effects

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

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Cell doors were locked overnight. When someone 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 banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. For example, a young woman lost her daughter after delivering unassisted in a cell. Her calls for help went unanswered for an extended period, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully advocated for laws that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers chained her legs to the hospital 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.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies regarding pregnant women in the justice system. These include:

• Evaluating non-custodial options for accused women who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the advocate.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."