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A human rights activist, at 35 weeks pregnant, was detained near her residence in March 2024. Accused with a vague offense, she was jailed lacking proof. Weeks afterward, her relatives were contacted to collect the remains of her infant child. The reason of death was not looked into, and her loved ones has no idea the circumstances or whether she obtained any care after birth.

A Global Issue

Cases such as this are not rare in prisons around the world. Women carrying children are often kept in deplorable conditions and not given proper healthcare. Some miscarry, others go into labour and have their babies unassisted in a cell. Sadly, some babies die in custody.

"Governments think it’s a minority of women so it’s not a problem, but that is a misconception," notes a legal advocate dedicated to female imprisonment.

"Detention is not a good environment for women, not to mention someone who is expecting," she adds. "Extensive studies that shows how detrimental it is. Numerous prisons were built with men in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the establishment of specific standards for the handling of female prisoners. These guidelines clearly say that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. They also prohibit the use of restraints on women during labour.

But, these rules are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are reported to be "extremely dire". Family visits have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women describe assaults, torture, and being deprived of basic supplies. Some are forced into exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the death of several infants … there will be more," says a rights defender.

It is also reported women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Impact

Statistics shows some nations as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a former inmate remembers being in a cell with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a young woman her baby died after delivering 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.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully advocated for legislation that prohibit shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures regarding expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

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

"Alternatives in the community that address the root causes of women entering the justice system – for example, poverty, violence and drugs – are truly what we should be focusing on."