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A human rights activist, at 35 weeks pregnant, was detained near her home in March 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her family were contacted to retrieve the remains of her infant child. The cause of death remains unexamined, and the family has no idea what happened or if she obtained any care after birth.

An International Crisis

Cases such as this are not rare in prisons globally. Women carrying children are often held in deplorable conditions and denied medical attention. Some lose their pregnancies, others deliver and give birth alone in a cell. Tragically, infants perish behind bars.

"Governments think it’s a few of women so it’s not an issue, but that’s not true," notes a lawyer dedicated to female imprisonment.

"Incarceration is a terrible environment for women, let alone someone who is expecting," she continues. "Extensive studies that shows how damaging it is. Many facilities were constructed with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of female prisoners. This framework specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also prohibit the use of restraints on women in childbirth.

However, these guidelines are often violated globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In some countries, conditions for expectant inmates are described as "really critical". Family visits have been prohibited, and civil society are barred from entry. Interviews with ex-inmates detail beatings, abuse, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"We has documented pregnancy losses and the loss of several infants … there will be more," says a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and delivered while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest prison occupancy 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 is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn back in prison are alarming, as shown by reports of babies succumbing from illness and severe malnutrition in custody.

Stories from Different Continents

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

These tragedies also happen in wealthier nations. For example, a teenager lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for hours, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. It 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.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the justice system. Among them are:

• Considering non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and those who have been incarcerated argue that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, poverty, abuse and drugs – are truly what we should be focusing on."