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A rights defender, who was, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her relatives were informed to retrieve the remains of her infant child. The reason of death was not looked into, and the family remains unaware what happened or if she was given any postnatal care.

An International Issue

Cases such as this are not rare in detention centers globally. Pregnant women are often kept in deplorable conditions and denied medical attention. Miscarriages occur, others deliver and give birth alone in a cell. Devastatingly, infants die while incarcerated.

"Nations assume it’s a few of women so it’s not an issue, but that’s not true," states a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful place for women, not to mention someone who is pregnant," she adds. "There’s so much studies that demonstrates how detrimental it is. Many facilities were constructed with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

It has been 15 years since the adoption of international guidelines for the handling of female prisoners. These rules clearly say that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of restraints on women during labour.

However, these rules are routinely ignored globally. "This is not viewed as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Systems

In various regions, situations for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been banned, and rights groups are denied access. Interviews with formerly incarcerated women describe beatings, abuse, and being denied basic supplies. Some are forced into exchanging favors with guards for food or medicine.

"We has documented miscarriages and the death of several infants … it is certain there are more," reports a local lawyer.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Consequences

Statistics lists some nations as having the highest prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of infants dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a young woman lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for laws that ban shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

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

Potential Reforms

Some nations have introduced measures regarding expectant mothers in the justice system. These include:

• Considering alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

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

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and drugs – are really what we should be investing in."