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An advocate, who was, was detained near her home in early 2024. Charged with a vague offense, she was held lacking proof. Three weeks later, her family were contacted to retrieve the body of her infant child. The reason of death was not looked into, and the family remains unaware what happened or if she was given any postnatal care.

A Global Issue

Cases such as this are alarmingly common within correctional systems around the world. Women carrying children are often held in appalling situations and denied necessary care. Some miscarry, others go into labour and have their babies by themselves in a prison cell. Tragically, infants die behind bars.

"Nations believe it’s a small number of women so it’s insignificant, but that is incorrect," says a lawyer working on women's incarceration.

"Detention is a terrible setting for women, let alone someone who is pregnant," she continues. "There’s so much evidence that shows how damaging it is. Many prisons were built with male inmates in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the adoption of specific standards for the treatment of female prisoners. This framework clearly say that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women in childbirth.

However, these guidelines are routinely ignored globally. "This is not considered a global gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Prisons

In certain nations, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for food or medicine.

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

Accounts also tell of women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Consequences

Statistics lists some nations as having the highest overcrowding levels in the world. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are alarming, as evidenced by reports of babies dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully advocated for legislation that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Doctors performed a caesarean 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. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies for pregnant women in the legal system. Among them are:

• Considering alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated believe that, often, pregnant women should not 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 entering the justice system – for example, poverty, violence and substance issues – are truly what we should be investing in."