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An advocate, while she was, was detained near her home in early 2024. Accused with a broad allegation, she was held lacking proof. Weeks afterward, her family received a call to collect the remains of her infant child. The cause of death remains unexamined, and her loved ones has no idea the circumstances or whether she received any care after birth.

An International Crisis

Cases such as this are alarmingly common in prisons around the world. Pregnant women are often kept in terrible environments and not given proper healthcare. Miscarriages occur, others deliver and give birth alone in a cell. Sadly, some babies perish in custody.

"Nations assume it’s a minority of women so it’s insignificant, but that’s not true," states a lawyer focused on female imprisonment.

"Detention is not a good place for women, not to mention someone who is expecting," she continues. "Extensive studies that demonstrates how detrimental it is. Numerous facilities 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 incarcerated women. This framework state that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of restraints on women while giving birth.

However, these rules are often violated around the world. "This isn’t seen as a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Systems

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women describe beatings, abuse, and being denied essential items. Some resort to trading sex with guards for food or medicine.

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

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

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are alarming, as shown by cases of infants dying from illness and malnourishment in custody.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a detention block with pregnant women. Cell doors were secured overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a teenager her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented measures regarding expectant mothers in the legal system. Among them are:

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

Experts and people with experience believe that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, poverty, violence and drugs – are really what we should be focusing on."