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An advocate, while she was, was arrested near her home in March 2024. Accused with a vague offense, she was held without evidence. Weeks afterward, her family were informed to collect the remains of her infant child. The reason of death has not been investigated, and the family remains unaware the circumstances or if she received any care after birth.

A Global Crisis

Cases such as this are not rare in prisons around the world. Expectant mothers are often kept in appalling situations and not given necessary care. Some miscarry, others deliver and have their babies unassisted in a cell. Devastatingly, some babies die behind bars.

"Nations assume it’s a small number of women so it’s insignificant, but that is a misconception," notes a legal advocate focused on female imprisonment.

"Detention is a harmful setting for women, especially not for someone who is pregnant," she continues. "There’s so much studies that shows how damaging it is. Numerous facilities were built with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines specify that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of restraints on women while giving birth.

Yet, these guidelines are often violated globally. "This isn’t seen as a global gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In some countries, situations for pregnant prisoners are reported to be "really critical". Family visits have been banned, and civil society are denied access. Accounts with ex-inmates reveal beatings, abuse, and being denied basic supplies. Some are forced into trading sex with guards for food or medical supplies.

"We has recorded miscarriages and the loss of four babies … it is certain there are more," says a rights defender.

It is also reported women who were chained to medical beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Consequences

Data lists some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by reports of infants dying from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. If a woman 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 occur in more developed nations. In one case, a teenager lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, officers shackled her legs to the bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have implemented measures regarding pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated contend that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the advocate.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."