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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a broad allegation, she was held without evidence. Three weeks later, her family were informed to collect the remains of her infant child. The reason of death remains unexamined, and her loved ones does not know what happened or if she was given any care after birth.

A Worldwide Issue

These tragic stories are not rare in prisons internationally. Pregnant women are often held in deplorable conditions and not given proper healthcare. Some lose their pregnancies, others deliver and give birth by themselves in a detention cell. Tragically, some babies die in custody.

"Governments think it’s a small number of women so it’s insignificant, but that’s not true," states a legal advocate working on women's incarceration.

"Incarceration is not a good environment for women, not to mention someone who is expecting," she adds. "Extensive studies that demonstrates how detrimental it is. Most prisons were designed with men in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the establishment of international guidelines for the handling of female prisoners. These guidelines clearly say that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women in childbirth.

Yet, these guidelines are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Prisons

In various regions, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women detail beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.

"We has recorded pregnancy losses and the death of four babies … there will be more," reports a local lawyer.

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

Overcrowding and Its Impact

Data shows some nations as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for caring for an infant back in prison are alarming, as evidenced by cases of infants succumbing from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a young woman lost her daughter after giving birth alone in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for legislation that prohibit restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience contend that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are truly what we should be investing in."