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A human rights activist, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was jailed without evidence. Three weeks later, her family were contacted to collect the remains of her infant child. The cause of death has not been investigated, and the family remains unaware what happened or if she was given any postnatal care.

A Worldwide Crisis

These tragic stories are alarmingly common in detention centers around the world. Expectant mothers are often subjected to terrible environments and deprived of medical attention. Some lose their pregnancies, others deliver and give birth alone in a cell. Devastatingly, some babies die in custody.

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

"Prison is a harmful setting for women, especially not for someone who is pregnant," she adds. "There’s so much studies that demonstrates how harmful it is. Many prisons were built with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the creation of specific standards for the treatment of incarcerated women. These guidelines state that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of shackles on women in childbirth.

Yet, these standards are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, situations for expectant inmates are reported to be "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women describe assaults, torture, and being denied basic supplies. Some resort to trading sex with prison staff for food or medicine.

"Our organisation has recorded pregnancy losses and the loss 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 delivered while observed by male officers.

Severe Overpopulation and Its Consequences

Data lists some nations as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a former inmate recalls being in a cell with pregnant women. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a teenager her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully advocated for legislation that ban shackling and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

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

Potential Reforms

Some nations have introduced measures regarding pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and people with experience contend that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," argues the advocate.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are really what we should be investing in."