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A rights defender, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to collect the remains of her infant child. The cause of death remains unexamined, and the family does not know what happened or if she received any postnatal care.

An International Problem

Cases such as this are far from uncommon within correctional systems around the world. Women carrying children are often kept in appalling situations and deprived of necessary care. Some lose their pregnancies, others deliver and give birth alone in a prison cell. Sadly, some babies perish while incarcerated.

"Governments assume it’s a few of women so it’s insignificant, but that is incorrect," states a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful environment for women, especially not for someone who is pregnant," she adds. "Extensive studies that shows how damaging it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. These rules specify that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women in childbirth.

But, these standards are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In certain nations, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Accounts with ex-inmates detail beatings, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for food or medicine.

"Our organisation has recorded miscarriages and the loss of four babies … there will be more," reports a rights defender.

Reports also indicate women who were shackled to medical beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

Data lists some countries as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as evidenced by reports of infants succumbing from illness and malnourishment in custody.

Accounts from Different Continents

In one African country, a former inmate recalls 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 begged. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a young woman her baby died after delivering unassisted in a cell. Her calls for help were ignored for an extended period, and she was forced to sever the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an organisation. She 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 after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Potential Reforms

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

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

Experts and people with experience believe that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and substance issues – are really what we should be focusing on."