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An advocate, while she was, was detained near her home in early 2024. Charged with a vague offense, she was jailed lacking proof. Three weeks later, her family were informed to retrieve the remains of her newborn baby. The cause of death has not been investigated, and the family has no idea what happened or if she obtained any postnatal care.

An International Problem

Cases such as this are alarmingly common within correctional systems internationally. Women carrying children are often subjected to terrible environments and deprived of necessary care. Miscarriages occur, others begin childbirth and give birth alone in a cell. Sadly, some babies perish in custody.

"Countries think it’s a few of women so it’s insignificant, but that is incorrect," notes a lawyer focused on female imprisonment.

"Detention is not a good setting for women, especially not for someone who is expecting," she adds. "There’s so much evidence that shows how damaging it is. Most facilities were built with male inmates in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the adoption of international guidelines for the handling of female prisoners. These guidelines clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of shackles on women during labour.

Yet, these guidelines are often violated globally. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for expectant inmates are described as "extremely dire". Family visits have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women describe beatings, torture, and being deprived of essential items. Some resort to trading sex with guards for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of several infants … there will be more," says a local lawyer.

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

Severe Overpopulation and Its Consequences

Statistics lists some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for caring for an infant back in prison are worrying, as shown by reports of infants dying from pneumonia and malnourishment in custody.

Stories from Different Continents

In one African country, a past prisoner recalls being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth 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 nations. In one case, a young woman her baby died after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to sever the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully advocated for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers chained her legs to the 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 prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies regarding pregnant women in the justice system. These include:

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

Experts and those who have been incarcerated contend that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Community-based solutions that tackle the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be focusing on."