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An advocate, while she was, was arrested near her residence in early 2024. Charged with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the body of her infant child. The cause of death remains unexamined, and the family does not know what happened or if she received any postnatal care.

An International Problem

These tragic stories are alarmingly common in detention centers internationally. Women carrying children are often kept in appalling situations and not given medical attention. Miscarriages occur, others begin childbirth and have their babies alone in a detention cell. Sadly, some babies perish behind bars.

"Nations assume it’s a small number of women so it’s not an issue, but that is incorrect," says a legal advocate focused on women's incarceration.

"Detention is not a good place for women, not to mention someone who is pregnant," she continues. "There’s so much evidence that indicates how harmful it is. Many prisons were constructed with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the creation of specific standards for the treatment of female prisoners. This framework specify that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also forbid 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," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with ex-inmates reveal assaults, torture, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

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

Overcrowding and Its Impact

Data shows some countries as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for caring for an infant back in prison are alarming, as shown by reports of babies dying from illness and severe malnutrition in custody.

Stories 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. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a young woman her baby died after delivering unassisted in a prison cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced measures for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral 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 criminalised for numerous offenses in the first place," argues the expert.

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, destitution, violence and substance issues – are truly what we should be focusing on."