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An advocate, while she was, was taken into custody near her residence in early 2024. Charged with a broad allegation, she was imprisoned without evidence. Weeks afterward, her family were informed to retrieve the remains of her infant child. The reason of death has not been investigated, and her loved ones has no idea what happened or whether she received any postnatal care.

An International Crisis

These tragic stories are alarmingly common in detention centers internationally. Women carrying children are often held in terrible environments and denied proper healthcare. Miscarriages occur, others begin childbirth and give birth alone in a cell. Tragically, infants perish behind bars.

"Countries assume it’s a few of women so it’s not an issue, but that’s not true," states a legal advocate dedicated to female imprisonment.

"Incarceration is a harmful environment for women, not to mention someone who is pregnant," she adds. "There’s so much evidence that indicates how detrimental it is. Most prisons were constructed with male inmates in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the establishment of international guidelines for the handling of female prisoners. These rules state that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

But, these rules are routinely ignored globally. "This is not viewed as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In certain nations, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with ex-inmates reveal assaults, torture, and being denied essential items. Some are forced into trading sex with guards for food or medicine.

"We has recorded pregnancy losses and the loss of several infants … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to hospital beds during labour and delivered while watched by male officers.

Overcrowding and Its Impact

Data lists some nations as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for raising a newborn back in prison are worrying, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman her baby died after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was forced to bite through the cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her cell set up an advocacy group. She has successfully pushed for legislation that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented policies regarding expectant mothers in the justice system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held before trial, especially for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, destitution, violence and substance issues – are really what we should be focusing on."