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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a vague offense, she was jailed without evidence. Three weeks later, her family were contacted to retrieve the body of her newborn baby. The cause of death was not looked into, and her loved ones remains unaware the circumstances or whether she obtained any care after birth.

A Global Issue

Situations like these are alarmingly common in prisons internationally. Expectant mothers are often kept in deplorable conditions and not given necessary care. Some miscarry, others go into labour and have their babies by themselves in a prison cell. Sadly, some babies perish while incarcerated.

"Nations believe it’s a few of women so it’s insignificant, but that’s not true," states a legal advocate dedicated to women's incarceration.

"Detention is not a good environment for women, let alone someone who is expecting," she adds. "Extensive studies that demonstrates how harmful it is. Most prisons were built with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the adoption of international guidelines for the handling of incarcerated women. These rules clearly say that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women during labour.

But, these rules are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and independent monitors are denied access. Accounts with ex-inmates reveal beatings, torture, and being deprived of essential items. Reports indicate some are forced into exchanging favors with guards for food or medicine.

"We has recorded pregnancy losses and the death of several infants … it is certain there are more," says a local lawyer.

Reports also indicate women who were shackled to hospital beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Data shows some countries as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of infants dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a teenager lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to instigate change. In the US, a woman who miscarried in her cell founded an organisation. Her work has successfully pushed for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced measures regarding pregnant women in the justice system. These include:

• Considering non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Advocates and people with experience believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the expert.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be focusing on."