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A human rights activist, while she was, was arrested near her residence in March 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her relatives were informed to retrieve the body of her newborn baby. The cause of death was not looked into, and the family has no idea the circumstances or whether she received any postnatal care.

A Global Crisis

Cases such as this are far from uncommon in prisons around the world. Pregnant women are often subjected to terrible environments and deprived of medical attention. Some lose their pregnancies, others go into labour and have their babies alone in a cell. Tragically, some babies die while incarcerated.

"Nations believe it’s a few of women so it’s not an issue, but that’s not true," states a legal advocate focused on female imprisonment.

"Prison is not a good setting for women, not to mention someone who is pregnant," she explains. "There’s so much research that demonstrates how detrimental it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the creation of specific standards for the handling of incarcerated women. These guidelines clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of shackles on women while giving birth.

Yet, these guidelines are routinely ignored around the world. "This is not considered a global priority for women's rights," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, conditions for expectant inmates are reported to be "really critical". Family visits have been banned, and civil society are denied access. Accounts with formerly incarcerated women describe assaults, torture, and being deprived of basic supplies. Some are forced into exchanging favors with prison staff for food or medical supplies.

"Our organisation has documented miscarriages and the loss of several infants … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to medical beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Consequences

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 basic items."

Expectant inmates have been handcuffed to beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as evidenced by reports of babies dying from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever 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 miscarried in her cell founded an advocacy group. She has successfully advocated for laws that ban restraints and isolation for expectant inmates in numerous jurisdictions.

A separate account 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 bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

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

• Considering alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Experts and people with experience believe that, in most cases, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the expert.

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