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An advocate, while she was, was taken into custody near her residence in early 2024. Charged with a vague offense, she was held lacking proof. Three weeks later, her family received a call to retrieve the remains of her newborn baby. The cause of death remains unexamined, and her loved ones has no idea what happened or whether she received any postnatal care.

A Worldwide Crisis

Situations like these are alarmingly common within correctional systems around the world. Pregnant women are often subjected to deplorable conditions and not given necessary care. Miscarriages occur, others deliver and have their babies alone in a prison cell. Devastatingly, infants die behind bars.

"Countries think it’s a small number of women so it’s not an issue, but that is incorrect," states a legal advocate focused on female imprisonment.

"Detention is a terrible environment for women, let alone someone who is expecting," she continues. "Extensive studies that demonstrates how harmful it is. Most facilities were constructed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the adoption of specific standards for the handling of female prisoners. This framework specify that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. They also forbid the use of restraints on women in childbirth.

However, these rules are often violated globally. "This is not viewed as a global gender-equality priority," says the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Systems

In some countries, conditions for expectant inmates are described as "exceptionally severe". Family visits have been banned, and civil society are barred from entry. Accounts with formerly incarcerated women detail beatings, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for food or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," says a local lawyer.

It is also reported women who were shackled to medical beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Statistics shows some countries as having the most severe overcrowding levels in the world. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as shown by reports of babies dying from illness and malnourishment behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a young woman her baby died after delivering unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to instigate change. In the US, a woman who miscarried in her cell founded an organisation. She has successfully advocated for laws that ban restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

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

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, especially for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Experts and those who have been incarcerated argue that, often, 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," says the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and substance issues – are really what we should be investing in."