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A rights defender, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were contacted to collect the remains of her newborn baby. The cause of death has not been investigated, and the family remains unaware the circumstances or if she obtained any care after birth.

A Worldwide Issue

These tragic stories are alarmingly common in detention centers around the world. Women carrying children are often held in terrible environments and denied medical attention. Miscarriages occur, others go into labour and have their babies alone in a cell. Sadly, some babies perish behind bars.

"Countries assume it’s a minority of women so it’s insignificant, but that is incorrect," says a legal advocate dedicated to female imprisonment.

"Detention is not a good environment for women, not to mention someone who is expecting," she continues. "There’s so much research that demonstrates how detrimental it is. Numerous facilities were built with male inmates in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the adoption of specific standards for the treatment of incarcerated women. These rules state that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

However, these standards are often violated globally. "This is not considered a worldwide gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In some countries, situations for expectant inmates are described as "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates describe beatings, torture, and being denied basic supplies. Some resort to trading sex with guards for food or medical supplies.

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

It is also reported women who were shackled to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Consequences

Statistics lists some countries as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a young woman her baby died after delivering alone in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to sever the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for legislation 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 given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal 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 childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies for pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

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

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be investing in."