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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a broad allegation, she was held without evidence. Three weeks later, her family were informed to retrieve the remains of her infant child. The cause of death has not been investigated, and her loved ones has no idea the circumstances or whether she obtained any care after birth.

A Worldwide Crisis

Cases such as this are far from uncommon in detention centers globally. Pregnant women are often held in terrible environments and not given necessary care. Some lose their pregnancies, others go into labour and give birth by themselves in a prison cell. Sadly, infants perish while incarcerated.

"Countries believe it’s a small number of women so it’s insignificant, but that’s not true," says a legal advocate dedicated to female imprisonment.

"Detention is a harmful environment for women, especially not for someone who is expecting," she adds. "Extensive studies that indicates how harmful it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the establishment of international guidelines for the treatment of female prisoners. This framework specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of shackles on women in childbirth.

Yet, these guidelines are consistently flouted around the world. "This is not viewed as a global priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In some countries, conditions for pregnant prisoners are reported to be "really critical". Family visits have been banned, and rights groups are denied access. Accounts with ex-inmates detail beatings, abuse, and being deprived of essential items. Some resort to trading sex with prison staff for nourishment or medical supplies.

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

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

Severe Overpopulation and Its Effects

Data lists some countries as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for caring for an infant back in prison are worrying, as shown by reports of infants dying from pneumonia and malnourishment in custody.

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a young woman lost her daughter after giving birth unassisted in a prison cell. Her calls for help were ignored for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the US, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "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 go through," she says. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced policies for expectant mothers in the justice system. These include:

• Considering non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated contend that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and substance issues – are really what we should be focusing on."