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An advocate, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives received a call to retrieve the remains of her newborn baby. The reason of death remains unexamined, and the family does not know the circumstances or whether she received any care after birth.

A Worldwide Issue

Cases such as this are far from uncommon within correctional systems globally. Pregnant women are often held in appalling situations and deprived of proper healthcare. Miscarriages occur, others deliver and give birth alone in a cell. Devastatingly, infants die behind bars.

"Governments assume it’s a few of women so it’s not a problem, but that’s not true," says a lawyer dedicated to female imprisonment.

"Detention is a terrible setting for women, let alone someone who is expecting," she explains. "There’s so much studies that shows how harmful it is. Most prisons were constructed with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the adoption of international guidelines for the handling of incarcerated women. These rules clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of restraints on women during labour.

Yet, these rules are routinely ignored globally. "This isn’t seen as a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In some countries, conditions for expectant inmates are described as "extremely dire". Family visits have been prohibited, and civil society are barred from entry. Interviews with ex-inmates reveal beatings, torture, and being denied essential items. Some are forced into trading sex with guards for nourishment or medicine.

"Our organisation has documented miscarriages and the death of four babies … it is certain there are more," says a rights defender.

It is also reported women who were shackled to medical beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as shown by reports of infants dying from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a former inmate remembers being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a young woman her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for legislation that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of prison terms for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the expert.

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, destitution, violence and drugs – are really what we should be investing in."