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A rights defender, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a broad allegation, she was held lacking proof. Three weeks later, her relatives received a call to retrieve the remains of her newborn baby. The reason of death was not looked into, and her loved ones has no idea the circumstances or if she received any postnatal care.

A Global Crisis

These tragic stories are alarmingly common in prisons globally. Pregnant women are often kept in terrible environments and not given proper healthcare. Some lose their pregnancies, others begin childbirth and have their babies by themselves in a detention cell. Sadly, some babies die behind bars.

"Countries assume it’s a few of women so it’s not a problem, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Incarceration is not a good environment for women, let alone someone who is pregnant," she explains. "Extensive evidence that demonstrates how harmful it is. Numerous facilities were built with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the establishment of specific standards for the treatment of incarcerated women. These guidelines clearly say that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of shackles on women during labour.

Yet, these guidelines are often violated globally. "This is not viewed as a global gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, conditions for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women describe assaults, torture, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for nourishment or medicine.

"We has documented miscarriages and the death of four babies … it is certain there are more," says a rights defender.

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 nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of infants dying from pneumonia and malnourishment in custody.

Stories from Different Continents

In one African country, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. In one case, a teenager her baby died after delivering alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for laws that prohibit shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" 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 says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies for expectant mothers in the justice system. Among them are:

• Considering non-custodial options for accused women who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."