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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a vague offense, she was jailed without evidence. Weeks afterward, her family received a call to collect the body of her infant child. The reason of death has not been investigated, and the family does not know what happened or whether she obtained any care after birth.

A Global Crisis

Situations like these are not rare in detention centers around the world. Pregnant women are often held in appalling situations and denied necessary care. Miscarriages occur, others go into labour and give birth alone in a cell. Sadly, infants perish in custody.

"Governments believe it’s a small number of women so it’s not a problem, but that’s not true," says a lawyer working on women's incarceration.

"Prison is a harmful environment for women, not to mention someone who is expecting," she continues. "There’s so much studies that indicates how detrimental it is. Most facilities were constructed with male inmates in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the creation of international guidelines for the treatment of female prisoners. These guidelines specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women in childbirth.

Yet, these rules are routinely ignored globally. "This is not considered a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Systems

In some countries, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been banned, and independent monitors are denied access. Accounts with ex-inmates detail beatings, abuse, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

"Our organisation has documented pregnancy losses and the death of four babies … it is certain there are more," says a local lawyer.

It is also reported women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Data shows some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds before giving birth. Conditions for raising a newborn back in prison are worrying, as shown by reports of babies dying from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the gates, screaming: ‘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 cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for laws that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures for expectant mothers in the legal system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for expectant mothers.
• Allowing for 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," argues the advocate.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, destitution, violence and drugs – are truly what we should be focusing on."