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A human rights activist, who was, was arrested near her home in March 2024. Charged with a vague offense, she was held without evidence. Three weeks later, her family were informed to retrieve the body of her newborn baby. The cause of death has not been investigated, and the family has no idea the circumstances or whether she was given any care after birth.

An International Crisis

Cases such as this are not rare in prisons around the world. Pregnant women are often kept in deplorable conditions and not given medical attention. Some lose their pregnancies, others deliver and give birth alone in a detention cell. Sadly, infants die while incarcerated.

"Governments assume it’s a few of women so it’s insignificant, but that is incorrect," says a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful place for women, especially not for someone who is expecting," she explains. "Extensive studies that shows how harmful it is. Many facilities were built with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. These guidelines specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women during labour.

But, these rules are routinely ignored around the world. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women describe assaults, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.

"Our organisation has documented pregnancy losses and the death of several infants … it is certain there are more," says a local lawyer.

Accounts also tell of women who were shackled to medical beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Impact

Statistics shows some nations as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these situations. "There is seldom 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 before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by cases of babies succumbing from illness and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman lost her daughter after delivering unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for laws that ban shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

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

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of sentences 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 numerous offenses in the first place," argues the advocate.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are really what we should be investing in."