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An advocate, who was, was detained near her residence in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives received a call to collect the remains of her infant child. The cause of death was not looked into, and the family remains unaware what happened or if she obtained any care after birth.

A Global Problem

Situations like these are alarmingly common in detention centers globally. Women carrying children are often held in deplorable conditions and not given medical attention. Some miscarry, others deliver and give birth unassisted in a cell. Sadly, some babies die behind bars.

"Countries assume it’s a minority of women so it’s not an issue, but that’s not true," states a lawyer dedicated to women's incarceration.

"Prison is not a good place for women, not to mention someone who is expecting," she continues. "There’s so much research that demonstrates how damaging it is. Numerous prisons were designed with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. These rules state that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. They also ban the use of shackles on women in childbirth.

However, these rules are routinely ignored globally. "This is not considered a global priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are barred from entry. Accounts with formerly incarcerated women detail assaults, abuse, and being deprived of basic supplies. Some resort to exchanging favors with prison staff for nourishment or medical supplies.

"We has recorded miscarriages and the loss of four babies … there will be more," reports 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.

Overcrowding and Its Impact

Statistics shows some nations as having the highest overcrowding levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as shown by reports of infants dying from pneumonia and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager lost her daughter after giving birth alone in a prison cell. Her calls for help went unanswered for an extended period, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

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

Potential Reforms

Other countries have introduced policies regarding pregnant women 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 before trial, particularly for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, expectant mothers 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 advocate.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, poverty, abuse and drugs – are truly what we should be investing in."