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A human rights activist, who was, was taken into custody near her home in March 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her family received a call to collect the remains of her newborn baby. The reason of death was not looked into, and the family does not know the circumstances or if she obtained any care after birth.

A Worldwide Issue

These tragic stories are far from uncommon in prisons globally. Women carrying children are often subjected to terrible environments and denied proper healthcare. Miscarriages occur, others go into labour and give birth unassisted in a detention cell. Devastatingly, some babies perish in custody.

"Nations assume it’s a few of women so it’s not an issue, but that’s not true," says a lawyer dedicated to women's incarceration.

"Prison is not a good setting for women, let alone someone who is pregnant," she explains. "Extensive studies that indicates how detrimental it is. Most prisons were built with men in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the creation of specific standards for the handling of female prisoners. These rules specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these guidelines are routinely ignored globally. "This isn’t seen as a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Interviews with ex-inmates describe beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"We has recorded pregnancy losses and the death of four babies … there will be more," says a local lawyer.

Reports also indicate women who were shackled to medical beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Impact

Statistics shows some countries as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by reports of babies succumbing from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘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 alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her cell set up an organisation. Her work has successfully pushed for laws that prohibit shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you want 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 go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies regarding expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Experts and people with experience argue that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and drugs – are really what we should be focusing on."