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A human rights activist, while she was, was taken into custody near her residence in March 2024. Charged with a broad allegation, she was held without evidence. Weeks afterward, her family were informed to retrieve the body of her newborn baby. The reason of death has not been investigated, and her loved ones does not know what happened or whether she was given any postnatal care.

An International Issue

Cases such as this are far from uncommon in detention centers internationally. Pregnant women are often held in deplorable conditions and deprived of medical attention. Miscarriages occur, others begin childbirth and have their babies alone in a cell. Tragically, some babies die behind bars.

"Nations assume it’s a small number of women so it’s insignificant, but that’s not true," says a lawyer focused on women's incarceration.

"Incarceration is a terrible environment for women, not to mention someone who is expecting," she explains. "Extensive studies that indicates how damaging it is. Numerous facilities were designed with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. These rules state that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of restraints on women in childbirth.

But, these rules are often violated around the world. "This is not considered a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "extremely dire". Family visits have been prohibited, and rights groups are denied access. Interviews with ex-inmates detail assaults, abuse, and being deprived of basic supplies. Some resort to exchanging favors with guards for nourishment or medical supplies.

"We has recorded pregnancy losses and the death of several infants … there will be more," says a rights defender.

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

Severe Overpopulation and Its Consequences

Data shows some countries as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and malnourishment in custody.

Stories from Different Continents

In one African country, a former inmate recalls being in a detention block with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a young woman 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 cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they suggested 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. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

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

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and people with experience argue that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," argues the expert.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, poverty, violence and substance issues – are really what we should be investing in."