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An advocate, at 35 weeks pregnant, was arrested near her residence in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family were informed to retrieve the body of her infant child. The reason of death has not been investigated, and her loved ones remains unaware what happened or whether she was given any care after birth.

A Worldwide Crisis

Situations like these are alarmingly common in prisons globally. Pregnant women are often held in appalling situations and deprived of medical attention. Some lose their pregnancies, others begin childbirth and give birth alone in a cell. Sadly, infants perish in custody.

"Governments assume it’s a small number of women so it’s insignificant, but that is a misconception," states a lawyer dedicated to female imprisonment.

"Prison is a terrible environment for women, not to mention someone who is pregnant," she explains. "There’s so much evidence that demonstrates how detrimental it is. Many facilities were built with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the establishment of specific standards for the handling of incarcerated women. This framework specify that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women during labour.

However, these guidelines are often violated around the world. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In some countries, situations for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women detail beatings, torture, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

"We has documented miscarriages and the death of several infants … it is certain there are more," reports a rights defender.

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

Severe Overpopulation and Its Impact

Data lists some nations as having the highest prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for caring for an infant back in prison are worrying, as evidenced by reports of infants succumbing from illness and malnourishment in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a cell with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a young woman lost her daughter after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell set up an organisation. She has successfully pushed for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, 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. It should never have happened, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

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

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

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 prosecuted for numerous offenses in the beginning," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, poverty, abuse and drugs – are truly what we should be focusing on."