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An advocate, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the body of her infant child. The cause of death was not looked into, and her loved ones does not know what happened or if she received any care after birth.

A Global Issue

Situations like these are far from uncommon in prisons internationally. Women carrying children are often held in deplorable conditions and denied necessary care. Some lose their pregnancies, others go into labour and give birth by themselves in a cell. Devastatingly, some babies die behind bars.

"Countries think it’s a small number of women so it’s not an issue, but that is incorrect," states a legal advocate dedicated to female imprisonment.

"Prison is a terrible place for women, especially not for someone who is expecting," she adds. "There’s so much research that demonstrates how damaging it is. Numerous prisons were built with male inmates in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the establishment of international guidelines for the treatment of female prisoners. These guidelines state that prison should be a final option for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of shackles on women during labour.

Yet, these guidelines are routinely ignored around the world. "This is not considered a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Prisons

In certain nations, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medicine.

"We 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 observed by male prison guards.

Overcrowding and Its Effects

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

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of infants dying from illness and malnourishment in custody.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a cell with pregnant women. Cell doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, 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 sever the cord on her own.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later informed official guidelines around childbirth in detention.

Potential Reforms

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

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

Advocates 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 numerous offenses in the beginning," argues the advocate.

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