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An advocate, who was, was arrested near her residence in March 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives were informed to collect the body of her infant child. The cause of death has not been investigated, and her loved ones remains unaware the circumstances or if she obtained any care after birth.

An International Crisis

Cases such as this are far from uncommon in prisons around the world. Expectant mothers are often held in appalling situations and denied necessary care. Some miscarry, others go into labour and have their babies alone in a prison cell. Devastatingly, some babies perish while incarcerated.

"Countries believe it’s a few of women so it’s not a problem, but that is a misconception," notes a lawyer working on female imprisonment.

"Incarceration is a harmful setting for women, especially not for someone who is pregnant," she continues. "There’s so much research that demonstrates how detrimental it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the creation of specific standards for the treatment of incarcerated women. These guidelines specify that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women in childbirth.

Yet, these guidelines are consistently flouted globally. "This is not viewed as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In various regions, conditions for expectant inmates are described as "really critical". Family visits have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal assaults, torture, and being deprived of basic supplies. Some are forced into trading sex with guards for nourishment or medicine.

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

It is also reported women who were shackled to hospital beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Effects

Data lists some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

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

Stories from Different Continents

In one African country, a past prisoner recalls being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. 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 isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "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 stated. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced measures for expectant mothers in the legal system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience believe that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and drugs – are really what we should be focusing on."