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An advocate, while she was, was detained near her residence in March 2024. Accused with a broad allegation, she was imprisoned lacking proof. Three weeks later, her relatives were contacted to collect the body of her infant child. The reason of death remains unexamined, and her loved ones remains unaware what happened or if she obtained any care after birth.

A Global Problem

Situations like these are not rare in prisons internationally. Pregnant women are often subjected to appalling situations and deprived of proper healthcare. Some miscarry, others begin childbirth and have their babies alone in a prison cell. Devastatingly, some babies die while incarcerated.

"Nations think it’s a small number of women so it’s not a problem, but that’s not true," notes a lawyer working on women's incarceration.

"Incarceration is a terrible place for women, especially not for someone who is pregnant," she explains. "There’s so much evidence that indicates how damaging it is. Most prisons were designed with male inmates in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the creation of specific standards for the handling of incarcerated women. These rules clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of restraints on women in childbirth.

However, these rules are consistently flouted around the world. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women detail assaults, torture, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

"We has recorded pregnancy losses and the death of several infants … there will be more," says a rights defender.

Accounts also tell of women who were chained to medical beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Impact

Data shows some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

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

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a teenager lost her daughter after giving birth alone in a cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

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

Another story comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards shackled 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.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures regarding expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, 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.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are really what we should be focusing on."