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A human rights activist, at 35 weeks pregnant, was detained near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives received a call to collect the remains of her newborn baby. The reason of death was not looked into, and the family does not know what happened or if she obtained any postnatal care.

An International Issue

Cases such as this are not rare within correctional systems around the world. Women carrying children are often kept in appalling situations and deprived of proper healthcare. Some miscarry, others begin childbirth and have their babies by themselves in a prison cell. Devastatingly, infants die while incarcerated.

"Nations think it’s a small number of women so it’s not an issue, but that’s not true," notes a lawyer focused on women's incarceration.

"Prison is a harmful setting for women, especially not for someone who is pregnant," she adds. "Extensive studies that indicates how damaging it is. Numerous prisons were built with men in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the establishment of specific standards for the treatment of female prisoners. These guidelines state that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women during labour.

Yet, these standards are consistently flouted around the world. "This is not viewed as a global gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In various regions, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with ex-inmates detail beatings, abuse, and being denied basic supplies. Reports indicate some resort to exchanging favors with prison staff for nourishment or medical supplies.

"We has recorded pregnancy losses and the death of four babies … it is certain there are more," reports a rights defender.

Accounts also tell of women who were chained to medical beds during labour and gave birth while observed by male officers.

Overcrowding and Its Effects

Statistics lists some nations as having the most severe overcrowding levels in the world. Female inmates are especially at risk 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 basic items."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for caring for an infant back in prison are worrying, as shown by cases of babies succumbing from illness and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. 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 asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a young woman lost her daughter after giving birth alone in a cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for legislation that prohibit restraints and isolation for expectant 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 bed. Doctors performed a caesarean 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 obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented policies for pregnant women in the legal system. These include:

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

Advocates and people with experience contend that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, poverty, violence and drugs – are truly what we should be focusing on."