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A rights defender, who was, was detained near her residence in early 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her family were contacted to retrieve the remains of her newborn baby. The reason of death was not looked into, and the family remains unaware the circumstances or whether she was given any care after birth.

A Global Issue

Cases such as this are not rare in detention centers internationally. Pregnant women are often kept in appalling situations and denied medical attention. Some miscarry, others deliver and have their babies by themselves in a detention cell. Devastatingly, some babies die while incarcerated.

"Nations believe it’s a minority of women so it’s insignificant, but that is incorrect," notes a legal advocate focused on women's incarceration.

"Incarceration is not a good setting for women, especially not for someone who is pregnant," she continues. "There’s so much research that demonstrates how damaging it is. Numerous prisons were built with men in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the creation of specific standards for the treatment of incarcerated women. This framework state that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women during labour.

But, these guidelines are consistently flouted around the world. "This is not considered a global gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, situations for expectant inmates are reported to be "extremely dire". Family visits have been banned, and civil society are denied access. Accounts with ex-inmates describe assaults, abuse, and being deprived of essential items. Some are forced into trading sex with guards for nourishment or medical supplies.

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

It is also reported women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Effects

Statistics shows some countries as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for raising a newborn 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 cell with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance went unanswered for hours, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully pushed for legislation that prohibit shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, guards chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies regarding pregnant women in the legal system. These include:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates 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 criminalised for many issues in the first place," argues the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, destitution, violence and drugs – are truly what we should be focusing on."