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A rights defender, who was, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her relatives received a call to retrieve the body of her newborn baby. The reason of death has not been investigated, and the family has no idea what happened or whether she obtained any care after birth.

A Global Problem

Cases such as this are not rare in prisons internationally. Pregnant women are often subjected to terrible environments and denied necessary care. Some miscarry, others begin childbirth and have their babies unassisted in a detention cell. Tragically, some babies die behind bars.

"Nations believe it’s a minority of women so it’s insignificant, but that’s not true," says a legal advocate working on women's incarceration.

"Prison is not a good environment for women, let alone someone who is pregnant," she adds. "Extensive studies that demonstrates how damaging it is. Most facilities were constructed with men in mind, so women were an afterthought."

Ignored UN Rules

Over 15 years since the establishment of international guidelines for the treatment of female prisoners. These guidelines clearly say that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of restraints on women during labour.

However, these standards are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In some countries, conditions for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medical supplies.

"Our organisation has recorded pregnancy losses and the death of four babies … there will be more," reports a local lawyer.

It is also reported women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Effects

Data lists some nations as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as shown by cases of babies dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a teenager lost her daughter after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for legislation that ban shackling and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" 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 giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies for expectant mothers in the legal system. These include:

• Considering alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of prison terms for pregnant women.

Experts and people with experience believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the advocate.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be investing in."