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A rights defender, while she was, was detained near her residence in early 2024. Accused with a broad allegation, she was imprisoned without evidence. Weeks afterward, her relatives received a call to collect the body of her infant child. The cause of death remains unexamined, and the family has no idea what happened or whether she received any postnatal care.

A Global Problem

Situations like these are alarmingly common within correctional systems globally. Expectant mothers are often subjected to appalling situations and denied proper healthcare. Some lose their pregnancies, others begin childbirth and give birth alone in a cell. Tragically, infants perish while incarcerated.

"Nations assume it’s a minority of women so it’s insignificant, but that is a misconception," states a lawyer working on women's incarceration.

"Prison is not a good setting for women, let alone someone who is expecting," she adds. "There’s so much studies that indicates how detrimental it is. Most facilities were constructed with male inmates in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. These rules specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of restraints on women during labour.

Yet, these guidelines are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Systems

In some countries, situations for pregnant prisoners are described as "extremely dire". Family visits have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for food or medical supplies.

"We has documented miscarriages and the death of four babies … there will be more," reports a rights defender.

It is also reported women who were shackled to hospital beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Consequences

Statistics lists some countries as having the most severe overcrowding levels in the world. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager her baby died after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Doctors 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?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma 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:

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

Advocates and people with experience argue that, in most cases, 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, violence and drugs – are really what we should be focusing on."