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A rights defender, at 35 weeks pregnant, was arrested near her residence in early 2024. Accused with a broad allegation, she was held lacking proof. Weeks afterward, her family were informed to collect the remains of her newborn baby. The reason of death has not been investigated, and her loved ones remains unaware what happened or if she received any postnatal care.

A Global Issue

Cases such as this are not rare in detention centers internationally. Women carrying children are often held in deplorable conditions and deprived of necessary care. Some miscarry, others begin childbirth and have their babies by themselves in a prison cell. Sadly, some babies perish behind bars.

"Governments believe it’s a few of women so it’s not a problem, but that is a misconception," says a lawyer working on female imprisonment.

"Detention is not a good setting for women, let alone someone who is pregnant," she adds. "There’s so much research that indicates how detrimental it is. Most prisons were built with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the adoption of international guidelines for the handling of female prisoners. These guidelines state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of shackles on women during labour.

But, these standards are often violated around the world. "This isn’t seen as a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Systems

In some countries, conditions for pregnant prisoners are reported to be "extremely dire". Family visits have been prohibited, and rights groups are barred from entry. Interviews with ex-inmates detail assaults, abuse, and being deprived of essential items. Some resort to trading sex with prison staff for nourishment or medical supplies.

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

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

Severe Overpopulation and Its Impact

Data lists some countries as having the highest overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by cases of babies dying from pneumonia and severe malnutrition in custody.

Accounts 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 went into labour at night, the women were forced to manage on their own. "We begged. 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 more developed countries. For example, a young woman her baby died after delivering unassisted in a cell. Her calls for help went unanswered for hours, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell founded an advocacy group. Her work has successfully advocated for laws that ban shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

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

Potential Reforms

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

• Considering non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the advocate.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."