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An advocate, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a vague offense, she was held lacking proof. Weeks afterward, her family were informed to collect the remains of her newborn baby. The reason of death was not looked into, and the family remains unaware what happened or whether she received any postnatal care.

A Worldwide Crisis

Cases such as this are alarmingly common in detention centers globally. Women carrying children are often subjected to terrible environments and not given necessary care. Some lose their pregnancies, others begin childbirth and have their babies unassisted in a detention cell. Tragically, infants die while incarcerated.

"Governments believe it’s a small number of women so it’s not an issue, but that is incorrect," notes a legal advocate dedicated to female imprisonment.

"Prison is a harmful setting for women, let alone someone who is expecting," she adds. "Extensive research that shows how damaging it is. Many prisons were built with men in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the establishment of international guidelines for the handling of female prisoners. These rules clearly say that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of shackles on women while giving birth.

But, these standards are consistently flouted globally. "This is not viewed as a global priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Prisons

In various regions, conditions for expectant inmates are reported to be "extremely dire". Family visits have been banned, and civil society are barred from entry. Accounts with ex-inmates reveal beatings, abuse, and being denied basic supplies. Some resort to trading sex with guards for food or medicine.

"We has documented miscarriages and the death of several infants … it is certain there are more," says a rights defender.

It is also reported women who were chained to hospital beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Effects

Statistics shows some nations as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a young woman lost her daughter after giving birth alone in a cell. Her calls for help were ignored for hours, and she was forced to sever the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. She has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish 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 stated. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced measures for expectant mothers in the justice system. These include:

• Evaluating non-custodial options for accused women who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Experts and people with experience contend that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and drugs – are really what we should be investing in."