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An advocate, who was, was detained near her residence in early 2024. Charged with a broad allegation, she was held without evidence. Weeks afterward, her family were informed to retrieve the remains of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware what happened or whether she obtained any postnatal care.

An International Crisis

These tragic stories are alarmingly common in detention centers around the world. Expectant mothers are often subjected to appalling situations and not given necessary care. Miscarriages occur, others begin childbirth and give birth alone in a prison cell. Devastatingly, infants perish behind bars.

"Countries think it’s a minority of women so it’s insignificant, but that’s not true," says a lawyer focused on female imprisonment.

"Prison is a harmful place for women, especially not for someone who is pregnant," she continues. "Extensive evidence that shows how detrimental it is. Numerous prisons were constructed with male inmates in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the creation of specific standards for the treatment of female prisoners. These guidelines clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of restraints on women during labour.

But, these standards are routinely ignored globally. "This is not considered a global priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Prisons

In various regions, situations for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women describe assaults, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for food or medical supplies.

"We has documented miscarriages and the death of four babies … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Effects

Data shows some nations as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of babies dying from pneumonia and severe malnutrition behind bars.

Stories from Different Continents

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her prison cell set up an organisation. She has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies regarding expectant mothers in the legal system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Experts and people with experience contend that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are really what we should be investing in."