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A rights defender, at 35 weeks pregnant, was detained near her home in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones has no idea the circumstances or if she was given any care after birth.

A Worldwide Problem

Cases such as this are alarmingly common within correctional systems around the world. Expectant mothers are often held in terrible environments and denied necessary care. Miscarriages occur, others go into labour and have their babies unassisted in a prison cell. Devastatingly, infants die in custody.

"Countries assume it’s a small number of women so it’s not a problem, but that’s not true," says a legal advocate dedicated to female imprisonment.

"Incarceration is not a good setting for women, not to mention someone who is expecting," she continues. "Extensive research that shows how harmful it is. Many prisons were built with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the adoption of international guidelines for the handling of female prisoners. This framework specify that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women while giving birth.

Yet, these guidelines are consistently flouted around the world. "This is not considered a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In various regions, conditions for expectant inmates are reported to be "exceptionally severe". Family visits have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women describe beatings, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for food or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … there will be more," reports a rights defender.

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

Data shows some countries as having the highest prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as shown by cases of infants succumbing from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a teenager her baby died after giving birth unassisted in a cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the US, a woman who miscarried in her prison cell set up an organisation. She has successfully advocated for laws that ban shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented policies for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Advocates and people with experience argue that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be investing in."