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An advocate, who was, was detained near her home in early 2024. Charged with a vague offense, she was held lacking proof. Three weeks later, her family were informed to collect the remains of her newborn baby. The cause of death was not looked into, and her loved ones remains unaware the circumstances or if she obtained any care after birth.

A Worldwide Crisis

Cases such as this are not rare in prisons internationally. Expectant mothers are often subjected to terrible environments and not given necessary care. Miscarriages occur, others deliver and have their babies unassisted in a cell. Sadly, some babies perish while incarcerated.

"Nations believe it’s a few of women so it’s not an issue, but that’s not true," says a legal advocate working on female imprisonment.

"Prison is a harmful setting for women, not to mention someone who is pregnant," she explains. "There’s so much evidence that indicates how detrimental it is. Most facilities were constructed with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the adoption of international guidelines for the handling of female prisoners. These guidelines state 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 shackles on women during labour.

However, these guidelines are routinely ignored globally. "This is not considered a global priority for women's rights," says the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Systems

In various regions, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with ex-inmates reveal assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for nourishment or medical supplies.

"Our organisation has recorded pregnancy losses and the death of four babies … it is certain there are more," says a local lawyer.

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

Severe Overpopulation and Its Effects

Data lists some countries as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as shown by cases of babies dying from pneumonia and malnourishment behind bars.

Stories from Different Continents

In one African country, a past prisoner remembers being in a cell with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a young woman her baby died after giving birth unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for laws that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures regarding pregnant women in the justice system. Among them are:

• Considering alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, especially for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and those who have been incarcerated believe that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the advocate.

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