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A rights defender, while she was, was arrested near her home in early 2024. Charged with a vague offense, she was imprisoned lacking proof. Three weeks later, her family were contacted to retrieve the remains of her infant child. The reason of death remains unexamined, and the family has no idea what happened or whether she obtained any postnatal care.

A Global Crisis

These tragic stories are far from uncommon in detention centers globally. Pregnant women are often held in deplorable conditions and not given medical attention. Some miscarry, others go into labour and give birth alone in a detention cell. Devastatingly, infants perish behind bars.

"Governments think it’s a small number of women so it’s not an issue, but that is incorrect," states a legal advocate dedicated to female imprisonment.

"Prison is a harmful place for women, not to mention someone who is expecting," she adds. "There’s so much studies that indicates how harmful it is. Numerous prisons were constructed with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These rules clearly say that prison should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

However, these rules are often violated globally. "This is not considered a worldwide priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Prisons

In various regions, situations for expectant inmates are reported to be "really critical". Family visits have been banned, and independent monitors are barred from entry. Accounts with ex-inmates detail beatings, abuse, and being deprived of essential items. Reports indicate some are forced into exchanging favors with prison staff for food or medicine.

"We has documented pregnancy losses and the loss of several infants … there will be more," reports a local lawyer.

Accounts also tell of women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Consequences

Data shows some countries as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to basic items."

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

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were forced 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!’"

These tragedies occur in more developed countries. In one case, 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 forced to bite through the cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for legislation that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers 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.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have implemented measures regarding pregnant women in the justice system. These include:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and those who have been incarcerated contend that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the expert.

"Community-based solutions that address the root causes of women entering the legal system – for example, destitution, violence and substance issues – are really what we should be investing in."