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 were contacted to retrieve the body of her infant child. The cause of death remains unexamined, and the family has no idea the circumstances or whether she received any care after birth.
These tragic stories are alarmingly common in detention centers globally. Pregnant women are often kept in terrible environments and deprived of necessary care. Some lose their pregnancies, others go into labour and have their babies unassisted in a cell. Tragically, infants perish behind bars.
"Countries believe it’s a small number of women so it’s insignificant, but that is a misconception," says a legal advocate dedicated to women's incarceration.
"Incarceration is not a good setting for women, let alone someone who is expecting," she adds. "There’s so much evidence that demonstrates how harmful it is. Numerous facilities were constructed with male inmates in mind, so women were an afterthought."
Over 15 years since the creation of specific standards for the handling of incarcerated women. These rules state that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of restraints on women while giving birth.
But, these guidelines are often violated globally. "This is not viewed as a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."
In some countries, situations for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and independent monitors are denied access. Accounts with ex-inmates detail beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medicine.
"We has documented miscarriages and the loss of four babies … there will be more," reports a rights defender.
Reports also indicate women who were chained to hospital beds while in labor and gave birth while observed by male prison guards.
Data shows some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk 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 handcuffed to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as shown by reports of infants succumbing from illness and severe malnutrition in custody.
In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"
Such events also happen in wealthier countries. In one case, a teenager her baby died after delivering unassisted in a prison cell. Her calls for help went unanswered for hours, and she was forced to sever the umbilical cord on her own.
A number of survivors have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell set up an advocacy group. She has successfully advocated for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.
Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.
"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.
Other countries have introduced measures for pregnant women in the legal system. These include:
Advocates and people with experience contend that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the advocate.
"Alternatives in the community that address the root causes of women entering the justice system – for example, poverty, violence and drugs – are truly what we should be focusing on."
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