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An advocate, while she was, was arrested near her residence in early 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her relatives were informed to collect the body of her newborn baby. The cause of death has not been investigated, and her loved ones has no idea what happened or whether she was given any postnatal care.

A Global Issue

These tragic stories are not rare in prisons internationally. Women carrying children are often subjected to deplorable conditions and not given medical attention. Some lose their pregnancies, others begin childbirth and have their babies by themselves in a detention cell. Tragically, some babies die in custody.

"Nations think it’s a few of women so it’s insignificant, but that is a misconception," says a legal advocate dedicated to female imprisonment.

"Incarceration is a terrible setting for women, not to mention someone who is pregnant," she continues. "There’s so much evidence that demonstrates how detrimental it is. Many prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. These rules clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. They also prohibit the use of shackles on women while giving birth.

However, these rules are consistently flouted globally. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In certain nations, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women describe assaults, torture, and being deprived of basic supplies. Some resort to trading sex with prison staff for food or medicine.

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

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

Overcrowding and Its Effects

Data lists some nations as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by reports of babies succumbing from illness and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a cell with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a young woman lost her daughter after giving birth alone in a cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for laws that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly 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 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 endure," she stated. Her experiences later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the justice system. These include:

• Evaluating alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Experts and those who have been incarcerated argue that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Alternatives in the community that address the root causes of women coming into contact with the legal system – for example, poverty, violence and substance issues – are truly what we should be investing in."