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A human rights activist, at 35 weeks pregnant, was taken into custody near her home in March 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her family were contacted to retrieve the body of her infant child. The cause of death was not looked into, and the family does not know what happened or whether she received any postnatal care.

An International Issue

These tragic stories are alarmingly common within correctional systems globally. Pregnant women are often kept in deplorable conditions and deprived of proper healthcare. Some lose their pregnancies, others begin childbirth and give birth alone in a cell. Devastatingly, infants die in custody.

"Governments believe it’s a few of women so it’s not a problem, but that’s not true," notes a legal advocate focused on female imprisonment.

"Prison is a terrible place for women, not to mention someone who is pregnant," she adds. "There’s so much studies that demonstrates how harmful it is. Most prisons were constructed with men in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the creation of specific standards for the treatment of incarcerated women. These guidelines clearly say that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of restraints on women in childbirth.

However, these rules are often violated around the world. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In some countries, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and rights groups are denied access. Accounts with ex-inmates detail beatings, torture, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medical supplies.

"Our organisation has documented pregnancy losses and the death of four babies … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to medical beds during labour and gave birth while observed by male officers.

Overcrowding and Its Impact

Data lists some countries as having the most severe prison occupancy levels in the world. Women are especially at risk to these situations. "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 beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by reports of babies dying from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager her baby died after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the United States, a woman who miscarried in her cell set up an advocacy group. She has successfully advocated for legislation that ban 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. During her delivery, guards chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, 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. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the justice system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing 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.

Advocates and those who have been incarcerated argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the advocate.

"Community-based solutions that tackle the root causes of women coming into contact with the legal system – for example, poverty, violence and substance issues – are truly what we should be investing in."