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An advocate, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a broad allegation, she was held without evidence. Weeks afterward, her family were contacted to collect the remains of her newborn baby. The cause of death was not looked into, and the family does not know the circumstances or whether she was given any care after birth.

A Worldwide Crisis

These tragic stories are not rare within correctional systems around the world. Expectant mothers are often held in terrible environments and not given proper healthcare. Some miscarry, others begin childbirth and have their babies alone in a detention cell. Devastatingly, some babies die while incarcerated.

"Nations believe it’s a few of women so it’s insignificant, but that is incorrect," notes a legal advocate working on female imprisonment.

"Incarceration is not a good environment for women, especially not for someone who is pregnant," she continues. "Extensive studies that demonstrates how damaging it is. Many prisons were built with male inmates in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the establishment of international guidelines for the treatment of female prisoners. These rules specify that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. They also prohibit the use of shackles on women in childbirth.

But, these guidelines are often violated around the world. "This is not considered a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Prisons

In various regions, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and civil society are denied access. Interviews with ex-inmates reveal beatings, abuse, and being deprived of basic supplies. Some are forced into exchanging favors with prison staff for nourishment or medical supplies.

"Our organisation has recorded miscarriages and the death of four babies … it is certain there are more," says a rights defender.

Accounts also tell of women who were chained to medical beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

Statistics lists 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 exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. The environment for caring for an infant back in prison are alarming, as evidenced by cases of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a young woman lost her daughter after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully advocated for laws that prohibit shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. 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 childbirth in detention.

Potential Reforms

Some nations have introduced policies for pregnant women in the legal system. These include:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

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

"Community-based solutions that address the root causes of women entering the justice system – for example, destitution, violence and drugs – are really what we should be focusing on."