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An advocate, while she was, was arrested near her residence in March 2024. Charged with a broad allegation, she was held lacking proof. Weeks afterward, her family were informed to collect the remains of her newborn baby. The reason of death remains unexamined, and her loved ones does not know what happened or whether she received any care after birth.

A Global Issue

These tragic stories are not rare within correctional systems internationally. Pregnant women are often kept in appalling situations and deprived of proper healthcare. Miscarriages occur, others begin childbirth and have their babies alone in a cell. Sadly, some babies perish behind bars.

"Nations assume it’s a small number of women so it’s not an issue, but that is incorrect," states a legal advocate focused on women's incarceration.

"Detention is a harmful environment for women, especially not for someone who is pregnant," she explains. "Extensive studies that shows how damaging it is. Numerous facilities were built with men in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the adoption of specific standards for the treatment of incarcerated women. These guidelines clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of restraints on women during labour.

But, these standards are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and independent monitors are denied access. Interviews with ex-inmates reveal assaults, torture, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

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

It is also reported women who were shackled to hospital beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as shown by reports of babies dying from pneumonia and malnourishment behind bars.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Cell doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed 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 had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell set up an advocacy group. She has successfully pushed for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures for pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Implementing home detention as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," argues the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and drugs – are really what we should be investing in."