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An advocate, who was, was arrested near her residence in early 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her relatives were contacted to retrieve the remains of her newborn baby. The reason of death was not looked into, and the family has no idea what happened or whether she received any postnatal care.

An International Crisis

Situations like these are not rare within correctional systems around the world. Pregnant women are often kept in appalling situations and denied medical attention. Miscarriages occur, others deliver and give birth unassisted in a cell. Devastatingly, infants die in custody.

"Nations think it’s a minority of women so it’s not a problem, but that is a misconception," notes a lawyer focused on women's incarceration.

"Prison is a harmful setting for women, let alone someone who is pregnant," she adds. "Extensive studies that indicates how detrimental it is. Most facilities were constructed with male inmates in mind, so women were an afterthought."

Ignored UN Rules

Over 15 years since the creation of international guidelines for the handling of incarcerated women. These rules clearly say that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

But, these guidelines are consistently flouted globally. "This is not viewed as a worldwide priority for women's rights," 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 described as "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women reveal assaults, torture, and being denied essential items. Reports indicate some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the loss of several infants … there will be more," reports a local lawyer.

Accounts also tell of women who were chained to medical beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Effects

Statistics shows some nations as having the most severe overcrowding levels in the globe. Women are especially at risk to these situations. "There is rarely 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 handcuffed to beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as shown by cases of infants dying from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Cell 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 asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager 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 herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have introduced measures for expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the advocate.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, destitution, abuse and substance issues – are truly what we should be investing in."