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A rights defender, who was, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her family received a call 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 postnatal care.

A Worldwide Issue

Cases such as this are far from uncommon within correctional systems globally. Expectant mothers are often held in deplorable conditions and deprived of medical attention. Miscarriages occur, others go into labour and have their babies unassisted in a detention cell. Tragically, infants perish in custody.

"Nations assume it’s a few of women so it’s insignificant, but that’s not true," notes a legal advocate working on women's incarceration.

"Detention is not a good place for women, not to mention someone who is expecting," she adds. "Extensive evidence that demonstrates how detrimental it is. Most prisons were built with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. These rules clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women during labour.

Yet, these rules are routinely ignored around the world. "This is not considered a worldwide priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In various regions, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and rights groups are denied access. Interviews with ex-inmates describe beatings, abuse, and being denied essential items. Some are forced into exchanging favors with prison staff for food or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … it is certain there are more," says a local lawyer.

It is also reported women who were chained to medical beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Consequences

Statistics lists some countries as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by reports of infants succumbing from pneumonia and malnourishment behind bars.

Stories from Different Continents

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

These tragedies also happen in wealthier nations. In one case, a teenager her baby died after delivering alone in a cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for legislation that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

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

Alternatives and Solutions

Other countries have implemented policies for pregnant women in the justice system. These include:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an option to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates 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 prosecuted for many issues in the beginning," argues the advocate.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, poverty, violence and drugs – are really what we should be investing in."