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A rights defender, at 35 weeks pregnant, was arrested near her home in March 2024. Charged with a broad allegation, she was jailed without evidence. Three weeks later, her relatives were informed to collect the remains of her infant child. The reason of death has not been investigated, and the family remains unaware what happened or whether she was given any care after birth.

An International Issue

Cases such as this are far from uncommon within correctional systems internationally. Expectant mothers are often held in deplorable conditions and not given medical attention. Some lose their pregnancies, others deliver and give birth by themselves in a cell. Tragically, some babies die while incarcerated.

"Governments believe it’s a small number of women so it’s not a problem, but that is a misconception," states a legal advocate dedicated to female imprisonment.

"Detention is a terrible setting for women, not to mention someone who is pregnant," she adds. "Extensive research that indicates how harmful it is. Numerous prisons were built with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of female prisoners. These guidelines state that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of shackles on women during labour.

However, these rules are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Prisons

In various regions, conditions for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women detail beatings, abuse, and being denied basic supplies. Some resort to exchanging favors with prison staff for nourishment or medical supplies.

"We has recorded miscarriages and the death of four babies … it is certain there are more," reports a rights defender.

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

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for raising a newborn back in prison are worrying, as shown by reports of babies dying from illness and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. 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!’"

Such events occur in wealthier countries. For example, a teenager lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully pushed for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. 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?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies regarding pregnant women in the legal system. These include:

• Evaluating non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Experts and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the advocate.

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, poverty, violence and drugs – are truly what we should be focusing on."