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A rights defender, at 35 weeks pregnant, was taken into custody near her residence in early 2024. Charged with a broad allegation, she was imprisoned without evidence. Weeks afterward, her family were informed to collect the body of her newborn baby. The cause of death has not been investigated, and her loved ones has no idea what happened or if she received any postnatal care.

A Worldwide Problem

Cases such as this are far from uncommon within correctional systems internationally. Pregnant women are often subjected to deplorable conditions and denied necessary care. Some lose their pregnancies, others deliver and have their babies unassisted in a prison cell. Sadly, infants perish while incarcerated.

"Governments think it’s a few of women so it’s not an issue, but that’s not true," notes a lawyer focused on female imprisonment.

"Incarceration is not a good environment for women, not to mention someone who is expecting," she continues. "There’s so much evidence that demonstrates how detrimental it is. Numerous prisons were constructed with men in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines clearly say that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

However, these standards are consistently flouted globally. "This is not considered a global priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In some countries, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for nourishment or medical supplies.

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

Reports also indicate women who were chained to medical beds while in labor and delivered while watched by male officers.

Overcrowding and Its Consequences

Statistics lists some countries as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a cell with expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a teenager lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for laws that ban restraints and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented measures for pregnant women in the justice system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of prison terms for pregnant women.

Experts and people with experience contend that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the advocate.

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."