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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a vague offense, she was jailed without evidence. Three weeks later, her relatives were contacted to collect the body of her infant child. The reason of death was not looked into, and the family does not know what happened or whether she obtained any care after birth.

A Global Crisis

Cases such as this are alarmingly common in prisons globally. Expectant mothers are often subjected to deplorable conditions and deprived of necessary care. Some lose their pregnancies, others deliver and have their babies alone in a cell. Sadly, some babies perish in custody.

"Nations think it’s a small number of women so it’s not a problem, but that’s not true," states a legal advocate focused on women's incarceration.

"Prison is a terrible place for women, not to mention someone who is pregnant," she adds. "There’s so much research that demonstrates how detrimental it is. Many facilities were constructed with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of female prisoners. This framework clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of restraints on women while giving birth.

However, these rules are often violated globally. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In certain nations, situations for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been banned, and rights groups are denied access. Accounts with ex-inmates describe assaults, torture, and being deprived of essential items. Reports indicate some are forced into trading sex with guards 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 gave birth while watched by male prison guards.

Overcrowding and Its Consequences

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

Expectant inmates have been restrained to beds prior to delivery. The environment for raising a newborn upon return in prison are alarming, as shown by reports of babies dying from illness and malnourishment behind bars.

Stories from Different Continents

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. 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 countries. For example, a young woman lost her daughter after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

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

Potential Reforms

Other countries have implemented policies for pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held before trial, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the expert.

"Alternatives in the community that address the root causes of women entering the legal system – for example, destitution, abuse and drugs – are really what we should be investing in."