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A rights defender, at 35 weeks pregnant, was arrested near her home in March 2024. Charged with a vague offense, she was held without evidence. Weeks afterward, her family were informed to retrieve the body of her infant child. The reason of death was not looked into, and the family has no idea what happened or if she was given any care after birth.

A Global Crisis

Situations like these are not rare in detention centers globally. Women carrying children are often held in deplorable conditions and deprived of necessary care. Miscarriages occur, others go into labour and give birth by themselves in a cell. Sadly, some babies die while incarcerated.

"Nations assume it’s a small number of women so it’s insignificant, but that is a misconception," states a lawyer working on female imprisonment.

"Prison is not a good environment for women, especially not for someone who is expecting," she explains. "There’s so much research that demonstrates how harmful it is. Numerous prisons were designed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the creation of international guidelines for the treatment of female prisoners. These rules specify that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also ban the use of restraints on women in childbirth.

But, these guidelines are often violated globally. "This isn’t seen as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In certain nations, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

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

Accounts also tell of women who were chained to hospital beds during labour and delivered while watched by male officers.

Overcrowding and Its Effects

Data lists some nations as having the most severe overcrowding levels in the world. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as shown by cases of babies succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a cell with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a young woman lost her daughter after giving birth unassisted in a prison cell. Her calls for help went unanswered for hours, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for legislation that ban restraints and isolation for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced measures regarding pregnant women in the justice system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the advocate.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are really what we should be investing in."