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An advocate, while she was, was taken into custody near her home in March 2024. Accused with a vague offense, she was jailed without evidence. Weeks afterward, her family were informed to collect the remains of her newborn baby. The cause of death was not looked into, and the family remains unaware the circumstances or if she was given any postnatal care.

A Worldwide Problem

Cases such as this are far from uncommon in detention centers internationally. Expectant mothers are often subjected to appalling situations and deprived of necessary care. Miscarriages occur, others deliver and have their babies by themselves in a detention cell. Devastatingly, some babies die in custody.

"Governments think it’s a minority of women so it’s insignificant, but that is a misconception," notes a legal advocate working on women's incarceration.

"Detention is not a good environment for women, not to mention someone who is pregnant," she adds. "Extensive studies that indicates how detrimental it is. Many facilities were designed with men in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. This framework specify that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women during labour.

Yet, these rules are consistently flouted globally. "This is not considered a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women describe assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to trading sex with prison staff for food or medicine.

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

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

Overcrowding and Its Impact

Statistics lists some nations as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of infants dying from pneumonia and malnourishment in custody.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a teenager lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever 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 miscarried in her cell set up an organisation. She has successfully pushed for laws that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy 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?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the justice system. These include:

• Considering non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Experts 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 address the underlying reasons of women entering the justice system – for example, poverty, violence and substance issues – are truly what we should be investing in."