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A rights defender, while she was, was detained near her home in March 2024. Charged with a vague offense, she was held without evidence. Three weeks later, her relatives received a call to collect the body of her newborn baby. The reason of death has not been investigated, and her loved ones has no idea what happened or whether she was given any care after birth.

An International Crisis

These tragic stories are alarmingly common within correctional systems around the world. Expectant mothers are often held in deplorable conditions and denied necessary care. Some lose their pregnancies, others go into labour and have their babies alone in a cell. Sadly, infants perish in custody.

"Nations assume it’s a small number of women so it’s not an issue, but that’s not true," says a legal advocate dedicated to women's incarceration.

"Prison is a terrible environment for women, especially not for someone who is expecting," she continues. "There’s so much research that indicates how detrimental it is. Many prisons were constructed with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the establishment of specific standards for the handling of incarcerated women. These guidelines specify that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these guidelines are consistently flouted globally. "This is not viewed as a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Prisons

In some countries, conditions for expectant inmates are described as "extremely dire". Family visits have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women describe assaults, torture, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"We has recorded miscarriages and the death of several infants … it is certain there are more," reports a rights defender.

Reports also indicate women who were shackled to medical beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Consequences

Data lists some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as shown by cases of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a detention block with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a young woman lost her daughter after giving birth alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her cell set up an organisation. She has successfully pushed 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. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

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

Potential Reforms

Some nations have implemented measures for pregnant women in the legal system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, often, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, poverty, abuse and drugs – are really what we should be investing in."