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An advocate, who was, was detained near her home in early 2024. Accused with a broad allegation, she was held lacking proof. Three weeks later, her relatives were informed to retrieve the remains of her infant child. The reason of death was not looked into, and the family does not know the circumstances or whether she received any care after birth.

An International Problem

Cases such as this are far from uncommon within correctional systems around the world. Pregnant women are often held in deplorable conditions and not given necessary care. Miscarriages occur, others go into labour and have their babies alone in a cell. Sadly, some babies perish behind bars.

"Countries believe it’s a small number of women so it’s insignificant, but that’s not true," says a legal advocate dedicated to female imprisonment.

"Prison is not a good setting for women, let alone someone who is expecting," she continues. "Extensive evidence that shows how detrimental it is. Many prisons were constructed with male inmates in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the adoption of international guidelines for the treatment of female prisoners. This framework clearly say that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also forbid the use of restraints on women while giving birth.

However, these standards are routinely ignored globally. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Systems

In various regions, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and civil society are denied access. Accounts with formerly incarcerated women describe assaults, torture, and being deprived of basic supplies. Some resort to trading sex with guards for food or medicine.

"We has recorded miscarriages and the death of four babies … there will be more," says a rights defender.

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

Severe Overpopulation and Its Impact

Data lists some nations as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a former inmate recalls being in a cell with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a young woman her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully advocated for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies regarding expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and people with experience believe that, in most cases, pregnant women should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the advocate.

"Alternatives in the community that address the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are really what we should be investing in."