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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 were contacted to retrieve the remains 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 postnatal care.

A Global Crisis

Situations like these are alarmingly common in detention centers internationally. Pregnant women are often subjected to appalling situations and denied proper healthcare. Some miscarry, others deliver and have their babies by themselves in a detention cell. Sadly, some babies die while incarcerated.

"Countries assume it’s a few of women so it’s not an issue, but that is a misconception," says a legal advocate focused on women's incarceration.

"Incarceration is a harmful setting for women, let alone someone who is pregnant," she adds. "There’s so much research that shows how damaging it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the adoption of international guidelines for the handling of incarcerated women. These guidelines clearly say that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. They also forbid the use of shackles on women in childbirth.

Yet, these standards are consistently flouted globally. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being denied essential items. Some resort to trading sex with prison staff for nourishment or medicine.

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

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Impact

Statistics shows some nations as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as shown by reports of babies dying from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for legislation that prohibit shackling and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies for pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Experts and people with experience believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."