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A human rights activist, while she was, was arrested near her residence in March 2024. Accused with a vague offense, she was jailed without evidence. Weeks afterward, her family received a call to retrieve the body of her newborn baby. The reason of death remains unexamined, and the family does not know what happened or if she obtained any care after birth.

An International Crisis

These tragic stories are far from uncommon in detention centers internationally. Women carrying children are often held in terrible environments and denied medical attention. Some miscarry, others begin childbirth and give birth unassisted in a cell. Sadly, some babies die in custody.

"Governments think it’s a minority of women so it’s insignificant, but that is incorrect," states a lawyer focused on women's incarceration.

"Detention is a terrible environment for women, especially not for someone who is expecting," she explains. "Extensive evidence that indicates how detrimental it is. Many facilities were designed with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the creation of international guidelines for the treatment of female prisoners. These guidelines state that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women in childbirth.

Yet, these guidelines are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, conditions for pregnant prisoners are reported to be "really critical". Family visits have been prohibited, and rights groups are denied access. Interviews with ex-inmates detail beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into trading sex with guards for nourishment or medical supplies.

"We has documented miscarriages and the loss of several infants … there will be more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Consequences

Data shows some countries as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "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 handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as shown by reports of babies succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with pregnant women. Cell doors were secured 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 floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a young woman lost her daughter after delivering unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully advocated for laws that ban shackling and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the justice system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Experts and people with experience contend that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the advocate.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, poverty, abuse and drugs – are truly what we should be investing in."