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An advocate, who was, was detained near her home in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives received a call to collect the body of her infant child. The cause of death has not been investigated, and the family does not know what happened or whether she received any postnatal care.

A Worldwide Crisis

These tragic stories are far from uncommon within correctional systems globally. Expectant mothers are often held in deplorable conditions and deprived of necessary care. Some miscarry, others go into labour and give birth alone in a cell. Tragically, infants perish behind bars.

"Countries believe it’s a minority of women so it’s not a problem, but that’s not true," notes a legal advocate working on female imprisonment.

"Detention is a harmful environment for women, especially not for someone who is pregnant," she adds. "Extensive studies that indicates how detrimental it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the adoption of specific standards for the handling of incarcerated women. These guidelines state that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of shackles on women during labour.

Yet, these guidelines are often violated globally. "This isn’t seen as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Prisons

In various regions, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and civil society are denied access. Interviews with ex-inmates detail beatings, abuse, and being denied basic supplies. Some resort to exchanging favors with prison staff for nourishment or medical supplies.

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

It is also reported women who were shackled to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable 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."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of babies succumbing from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a former inmate recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully pushed for legislation that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards shackled her legs to the bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies regarding pregnant women in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and people with experience argue that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, abuse and drugs – are really what we should be investing in."