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An advocate, at 35 weeks pregnant, was detained near her residence in March 2024. Accused 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 the family does not know the circumstances or whether she was given any postnatal care.

A Worldwide Crisis

Situations like these are far from uncommon in prisons globally. Pregnant women are often held in terrible environments and denied necessary care. Some lose their pregnancies, others begin childbirth and give birth by themselves in a detention cell. Sadly, some babies die behind bars.

"Countries think it’s a small number of women so it’s not a problem, but that is incorrect," notes a lawyer working on female imprisonment.

"Incarceration is not a good environment for women, let alone someone who is expecting," she continues. "Extensive evidence that indicates how damaging it is. Most prisons were designed with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the adoption of specific standards for the treatment of female prisoners. These rules specify that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of shackles on women in childbirth.

Yet, these standards are consistently flouted globally. "This isn’t seen as a global gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and rights groups are denied access. Accounts with formerly incarcerated women describe assaults, torture, and being deprived of basic supplies. Some are forced into trading sex with guards for food or medicine.

"We has documented miscarriages and the death of several infants … there will be more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds during labour and gave birth while observed by male officers.

Overcrowding and Its Impact

Data shows some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager her baby died after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals 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 ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, guards shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they offered to perform sterilization. "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 not have occurred, 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 measures for expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held before trial, especially for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and people with experience contend that, often, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

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