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A rights defender, who was, was arrested near her home in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family were informed to collect the body of her infant child. The cause of death was not looked into, and her loved ones remains unaware what happened or if she was given any postnatal care.

An International Issue

These tragic stories are alarmingly common in prisons around the world. Pregnant women are often subjected to appalling situations and not given medical attention. Some miscarry, others go into labour and give birth unassisted in a cell. Tragically, some babies die in custody.

"Governments think it’s a small number of women so it’s not a problem, but that is a misconception," says a legal advocate dedicated to female imprisonment.

"Detention is a terrible environment for women, especially not for someone who is expecting," she explains. "There’s so much research that shows how harmful it is. Numerous prisons were designed with men in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the establishment of specific standards for the treatment of incarcerated women. This framework clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women while giving birth.

But, these standards are consistently flouted globally. "This is not considered a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Packed Systems

In various regions, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates detail beatings, abuse, and being deprived of essential items. Some resort to exchanging favors with prison staff for nourishment or medical supplies.

"Our organisation has recorded pregnancy losses and the death of four babies … there will be more," says a rights defender.

Reports also indicate women who were shackled to hospital beds during labour and delivered while watched by male officers.

Overcrowding and Its Consequences

Data shows some nations as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as shown by reports of babies succumbing from pneumonia and severe malnutrition in custody.

Stories from Different Continents

In one African country, a past prisoner remembers being in a cell with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to instigate change. In the US, a woman who miscarried in her cell founded an advocacy group. Her work has successfully advocated for laws 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 sentenced. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

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

Alternatives and Solutions

Some nations have implemented policies regarding expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held before trial, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and those who have been incarcerated believe that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the advocate.

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