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A rights defender, who was, was detained near her home in March 2024. Accused with a vague offense, she was held lacking proof. Weeks afterward, her family were contacted to retrieve the remains of her newborn baby. The reason of death remains unexamined, and the family remains unaware what happened or whether she obtained any care after birth.

A Worldwide Problem

These tragic stories are far from uncommon in prisons globally. Expectant mothers are often subjected to appalling situations and deprived of necessary care. Some miscarry, others begin childbirth and have their babies by themselves in a detention cell. Sadly, infants die behind bars.

"Governments assume it’s a minority of women so it’s not a problem, but that is incorrect," says a legal advocate working on female imprisonment.

"Detention is a harmful place for women, not to mention someone who is expecting," she continues. "Extensive evidence that demonstrates how detrimental it is. Many facilities were designed with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the adoption of international guidelines for the handling of female prisoners. This framework clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

But, these rules are routinely ignored globally. "This is not considered a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In certain nations, situations for expectant inmates are described as "really critical". Contact with relatives have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women detail beatings, abuse, and being denied essential items. Reports indicate some are forced into trading sex with guards for food or medical supplies.

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

Accounts also tell of women who were chained to medical beds during labour and delivered while watched by male officers.

Overcrowding and Its Effects

Data shows some countries as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as shown by reports of babies succumbing from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager lost her daughter after giving birth alone in a prison cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided 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 advocated 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 after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

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

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

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

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are really what we should be focusing on."