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A rights defender, while she was, was arrested near her residence in March 2024. Accused with a crime of "illicit association", she was jailed without evidence. Three weeks later, her relatives received a call to collect the remains of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or whether she obtained any care after birth.

An International Crisis

These tragic stories are far from uncommon in prisons internationally. Pregnant women are often held in appalling situations and deprived of necessary care. Some miscarry, others go into labour and have their babies unassisted in a prison cell. Devastatingly, some babies die behind bars.

"Governments assume it’s a minority of women so it’s not an issue, but that is incorrect," says a lawyer focused on women's incarceration.

"Prison is a terrible place for women, let alone someone who is expecting," she adds. "There’s so much research that shows how damaging it is. Most prisons were built with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. These rules state that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also prohibit the use of restraints on women while giving birth.

But, these rules are often violated around the world. "This is not viewed as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and civil society are barred from entry. Accounts with ex-inmates describe beatings, abuse, and being deprived of essential items. Some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the death of several infants … there will be more," reports a local lawyer.

It is also reported women who were chained to hospital beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced 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 secured overnight. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a teenager lost her daughter after giving birth unassisted in a prison cell. Her calls for help were ignored for hours, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who miscarried in her prison cell set up an organisation. She has successfully advocated for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards shackled her legs to the hospital 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?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies for pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, especially for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

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