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A rights defender, at 35 weeks pregnant, was detained near her residence in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her relatives were contacted to collect the remains of her newborn baby. The reason of death has not been investigated, and her loved ones has no idea the circumstances or whether she obtained any care after birth.

An International Crisis

Cases such as this are far from uncommon in detention centers globally. Pregnant women are often kept in appalling situations and deprived of necessary care. Some miscarry, others deliver and have their babies alone in a detention cell. Tragically, infants die in custody.

"Nations believe it’s a minority of women so it’s not a problem, but that’s not true," states a lawyer focused on female imprisonment.

"Prison is a terrible setting for women, especially not for someone who is pregnant," she adds. "There’s so much evidence that indicates how detrimental it is. Most facilities were constructed with male inmates in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the adoption of international guidelines for the treatment of female prisoners. These guidelines clearly say that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also forbid the use of shackles on women while giving birth.

However, these rules are routinely ignored globally. "This is not considered a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In various regions, conditions for expectant inmates are reported to be "exceptionally severe". Family visits have been banned, and civil society are barred from entry. Accounts with formerly incarcerated women detail beatings, abuse, and being denied basic supplies. Some resort to exchanging favors with prison staff for food or medicine.

"We has documented miscarriages and the loss of several infants … there will be more," says a rights defender.

It is also reported women who were shackled to medical beds during labour and gave birth while observed by male prison guards.

Overcrowding and Its Impact

Data lists some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are worrying, as shown by reports of infants dying from pneumonia and malnourishment in custody.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a young woman her baby died after giving birth alone in a cell. Her calls for help were ignored for hours, and she was forced to sever the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully pushed for laws that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards chained her legs to the bed. Doctors performed a caesarean section. As she recovered, they offered 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. It should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

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

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

Experts and people with experience argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the advocate.

"Alternatives in the community that address the root causes of women entering the legal system – for example, poverty, violence and drugs – are truly what we should be focusing on."