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An advocate, at 35 weeks pregnant, was detained near her home in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to collect the body of her newborn baby. The reason of death has not been investigated, and the family has no idea what happened or if she was given any postnatal care.

An International Issue

Cases such as this are alarmingly common in detention centers internationally. Expectant mothers are often subjected to deplorable conditions and deprived of necessary care. Miscarriages occur, others deliver and have their babies alone in a cell. Devastatingly, some babies die while incarcerated.

"Nations assume it’s a minority of women so it’s not a problem, but that is incorrect," says a lawyer dedicated to female imprisonment.

"Incarceration is a harmful setting for women, not to mention someone who is expecting," she adds. "There’s so much evidence that shows how detrimental it is. Many facilities were constructed with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules state that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. They also forbid the use of restraints on women while giving birth.

Yet, these standards are consistently flouted around the world. "This is not viewed as a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In various regions, conditions for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and rights groups are barred from entry. Interviews with ex-inmates reveal beatings, torture, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for food or medicine.

"We has recorded pregnancy losses and the loss of several infants … it is certain there are more," reports a local lawyer.

Reports also indicate women who were shackled to medical beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation 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 lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to 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 in custody.

Stories from Around the Globe

In one African country, a former inmate recalls being in a cell with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a young woman her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff 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?" was the response.

"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 shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies regarding expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Community-based solutions that address the root causes of women entering the legal system – for example, destitution, violence and substance issues – are truly what we should be focusing on."