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A rights defender, who was, was taken into custody near her home in early 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her relatives were informed to retrieve the body of her newborn baby. The reason of death has not been investigated, and her loved ones does not know the circumstances or if she received any postnatal care.

An International Problem

Situations like these are alarmingly common in detention centers globally. Women carrying children are often kept in deplorable conditions and not given necessary care. Some miscarry, others deliver and give birth unassisted in a detention cell. Tragically, some babies die behind bars.

"Governments think it’s a minority of women so it’s not an issue, but that is a misconception," says a lawyer dedicated to female imprisonment.

"Detention is a harmful setting for women, not to mention someone who is pregnant," she explains. "There’s so much studies that indicates how harmful it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the adoption of international guidelines for the treatment of female prisoners. These rules specify that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. They also ban the use of shackles on women during labour.

However, these guidelines are consistently flouted around the world. "This is not viewed as a global priority for women's rights," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Systems

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women detail beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into trading sex with guards for nourishment or medicine.

"Our organisation has recorded pregnancy losses and the death of four babies … there will be more," reports a rights defender.

It is also reported women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Consequences

Data shows some nations as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a cell with pregnant women. Cell doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for laws that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled 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 inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies regarding pregnant women in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an option to being held on remand, especially for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

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