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An advocate, while she was, was arrested near her residence in early 2024. Charged with a vague offense, she was jailed without evidence. Weeks afterward, her relatives were informed to retrieve the remains of her newborn baby. The reason of death remains unexamined, and her loved ones remains unaware what happened or whether she received any care after birth.

A Global Problem

Cases such as this are not rare in detention centers around the world. Pregnant women are often held in terrible environments and not given medical attention. Miscarriages occur, others deliver and have their babies by themselves in a prison cell. Devastatingly, infants die behind bars.

"Countries think it’s a minority of women so it’s not an issue, but that is a misconception," says a legal advocate working on women's incarceration.

"Incarceration is a harmful environment for women, let alone someone who is expecting," she continues. "There’s so much research that indicates how detrimental it is. Numerous facilities were built with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the adoption of specific standards for the treatment of incarcerated women. These guidelines state that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these standards are often violated around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In certain nations, situations for expectant inmates are reported to be "extremely dire". Family visits have been banned, and civil society are denied access. Interviews with ex-inmates describe beatings, torture, and being deprived of essential items. Some are forced into trading sex with guards for food or medicine.

"Our organisation has recorded pregnancy losses and the death of four babies … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to medical beds while in labor and delivered while watched by male prison guards.

Overcrowding and Its Consequences

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

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by reports of babies dying from illness and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a young woman her baby died after delivering alone in a prison cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. 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 prisoner?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

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

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Experts and those who have been incarcerated 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," argues the advocate.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, poverty, abuse and drugs – are truly what we should be investing in."