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A rights defender, at 35 weeks pregnant, was taken into custody near her home in March 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her family received a call to collect the remains of her infant child. The reason of death has not been investigated, and her loved ones has no idea what happened or if she was given any care after birth.

A Worldwide Crisis

Situations like these are not rare in prisons globally. Women carrying children are often kept in appalling situations and denied medical attention. Some lose their pregnancies, others deliver and have their babies by themselves in a detention cell. Sadly, infants perish in custody.

"Nations think it’s a minority of women so it’s insignificant, but that is a misconception," says a lawyer dedicated to female imprisonment.

"Prison is a terrible setting for women, especially not for someone who is pregnant," she adds. "There’s so much research that indicates how detrimental it is. Many prisons were built with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the creation of specific standards for the treatment of incarcerated women. These guidelines specify that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women during labour.

However, these guidelines are routinely ignored around the world. "This is not viewed as a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Systems

In certain nations, situations for expectant inmates are reported to be "really critical". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates detail assaults, torture, and being deprived of essential items. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," says a local lawyer.

Reports also indicate women who were chained to medical beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Consequences

Data lists some nations as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back 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 former inmate recalls being in a cell with pregnant women. Cell 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 hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a young woman her baby died after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully advocated for legislation that prohibit restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital 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 inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced measures for pregnant women in the justice system. Among them are:

• Considering alternatives to detention for accused women who are mothers, expecting, or breastfeeding.
• Implementing home detention as an option to being held before trial, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are truly what we should be focusing on."