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An advocate, at 35 weeks pregnant, was detained near her residence in March 2024. Accused with a vague offense, she was held without evidence. Three weeks later, her relatives were informed to collect the remains of her newborn baby. The reason of death has not been investigated, and her loved ones has no idea what happened or whether she received any care after birth.

An International Problem

These tragic stories are alarmingly common within correctional systems globally. Expectant mothers are often subjected to terrible environments and denied necessary care. Some miscarry, others go into labour and give birth by themselves in a prison cell. Tragically, some babies perish behind bars.

"Nations assume it’s a minority of women so it’s not an issue, but that is a misconception," notes a legal advocate focused on female imprisonment.

"Prison is not a good place for women, especially not for someone who is expecting," she explains. "There’s so much research that shows how damaging it is. Many prisons were designed with men in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the adoption of specific standards for the handling of incarcerated women. This framework state that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. They also ban the use of shackles on women during labour.

However, these rules are consistently flouted globally. "This is not considered a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Prisons

In some countries, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and rights groups are denied access. Interviews with formerly incarcerated women reveal beatings, torture, and being denied essential items. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medical supplies.

"We has documented miscarriages and the loss of four babies … there will be more," says a rights defender.

Reports also indicate women who were shackled to hospital beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Consequences

Statistics shows some nations as having the highest prison occupancy levels in the world. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn back in prison are alarming, as evidenced by cases of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a young woman lost her daughter after delivering alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell set up an organisation. She has successfully pushed for legislation that prohibit shackling and isolation for expectant inmates in multiple states.

A separate account comes from South America. 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 caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. 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:

• Considering non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

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

"Community-based solutions that tackle the underlying reasons of women entering the legal system – for example, poverty, abuse and substance issues – are really what we should be focusing on."