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A rights defender, who was, was arrested near her residence in March 2024. Charged with a broad allegation, she was jailed lacking proof. Weeks afterward, her relatives were contacted to retrieve the remains of her newborn baby. The cause of death remains unexamined, and the family has no idea what happened or if she obtained any care after birth.

A Worldwide Problem

Situations like these are far from uncommon in prisons globally. Pregnant women are often kept in deplorable conditions and deprived of necessary care. Some lose their pregnancies, others begin childbirth and give birth unassisted in a detention cell. Tragically, some babies die behind bars.

"Governments assume it’s a few of women so it’s not a problem, but that is incorrect," says a lawyer dedicated to female imprisonment.

"Detention is not a good setting for women, not to mention someone who is pregnant," she continues. "There’s so much evidence that demonstrates how damaging it is. Many prisons were constructed with men in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. These guidelines specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also forbid the use of restraints on women while giving birth.

However, these guidelines are consistently flouted around the world. "This is not considered a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Prisons

In some countries, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women detail assaults, abuse, and being deprived of essential items. Some are forced into exchanging favors with prison staff for food or medicine.

"We has documented pregnancy losses and the death of four babies … there will be more," says a local lawyer.

It is also reported women who were chained to hospital beds during labour and delivered while watched by male officers.

Overcrowding and Its Consequences

Statistics lists some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as evidenced by reports of infants dying from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Cell doors were secured overnight. When someone started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager lost her daughter after delivering unassisted in a prison cell. Her calls for help were ignored for hours, and she was forced to sever the cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for legislation that ban restraints and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Advocates and people with experience believe that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the advocate.

"Alternatives in the community that address the root causes of women entering the legal system – for example, destitution, abuse and drugs – are really what we should be investing in."