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A rights defender, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a broad allegation, she was jailed lacking proof. Weeks afterward, her relatives were contacted to collect the body of her infant child. 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

Situations like these are far from uncommon in detention centers globally. Women carrying children are often kept in terrible environments and not given medical attention. Some lose their pregnancies, others go into labour and have their babies by themselves in a detention cell. Devastatingly, some babies die while incarcerated.

"Countries assume it’s a few of women so it’s not an issue, but that’s not true," says a lawyer focused on female imprisonment.

"Prison is a terrible environment for women, not to mention someone who is expecting," she continues. "Extensive evidence that shows how detrimental it is. Many prisons were designed with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the creation of specific standards for the treatment of female prisoners. These guidelines specify that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they ban the use of shackles on women while giving birth.

Yet, these standards are often violated globally. "This is not considered a global gender-equality priority," argues the advocate. "It remains hidden, 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". Family visits have been banned, and civil society are denied access. Interviews with formerly incarcerated women reveal assaults, abuse, and being denied essential items. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medicine.

"We has recorded pregnancy losses and the loss of several infants … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Data shows some countries as having the highest overcrowding levels in the world. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by reports of infants dying from illness and malnourishment in custody.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a detention block with pregnant women. Doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

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

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

Advocates and those who have been incarcerated contend that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the advocate.

"Alternatives in the community that address the root causes of women coming into contact with the legal system – for example, poverty, abuse and drugs – are truly what we should be focusing on."