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An advocate, while she was, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was jailed without evidence. Three weeks later, her family received a call to collect the body of her infant child. The cause of death was not looked into, and her loved ones has no idea the circumstances or whether she received any postnatal care.

An International Problem

Situations like these are far from uncommon in prisons globally. Women carrying children are often held in terrible environments and not given proper healthcare. Some lose their pregnancies, others deliver and have their babies unassisted in a cell. Devastatingly, some babies die while incarcerated.

"Governments think it’s a minority of women so it’s not a problem, but that is incorrect," states a legal advocate focused on female imprisonment.

"Detention is a harmful setting for women, not to mention someone who is pregnant," she explains. "Extensive research that shows how harmful it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the creation of specific standards for the treatment of female prisoners. This framework clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women during labour.

However, these rules are often violated around the world. "This is not considered a global gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In various regions, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and rights groups are denied access. Interviews with ex-inmates detail assaults, abuse, and being deprived of basic supplies. Some are forced into exchanging favors with prison staff for food or medical supplies.

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

Accounts also tell of women who were chained to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of infants dying from illness and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a detention block with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a young woman her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her cell founded an organisation. Her work has successfully advocated for legislation that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies regarding pregnant women in the legal system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Experts and people with experience believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the expert.

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