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A rights defender, while she was, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her relatives were contacted to collect the remains of her infant child. The reason of death has not been investigated, and her loved ones remains unaware the circumstances or if she was given any postnatal care.

A Worldwide Crisis

These tragic stories are not rare in prisons around the world. Pregnant women are often kept in appalling situations and deprived of medical attention. Some miscarry, others deliver and have their babies alone in a prison cell. Sadly, infants perish behind bars.

"Countries assume it’s a minority of women so it’s insignificant, but that is a misconception," notes a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful environment for women, not to mention someone who is expecting," she explains. "There’s so much studies that demonstrates how detrimental it is. Numerous prisons were constructed with male inmates in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the adoption of specific standards for the treatment of female prisoners. This framework state that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of shackles on women during labour.

But, these guidelines are often violated globally. "This is not viewed as a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "really critical". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women describe assaults, torture, and being denied essential items. Some are forced into exchanging favors with prison staff for food or medicine.

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

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Consequences

Statistics shows some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of infants succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In one African country, a former inmate recalls being in a cell with pregnant women. Doors were secured overnight. If a woman went into labour 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 doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a young woman lost her daughter after delivering alone in a prison cell. Her calls for help were ignored for hours, and she was forced to sever the cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully pushed for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. 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

Other countries have implemented measures regarding expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held before trial, especially for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and people with experience believe that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the expert.

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