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An advocate, while she was, was detained near her residence in early 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her family were contacted to collect the body of her infant child. The reason of death was not looked into, and her loved ones remains unaware what happened or if she received any postnatal care.

A Global Issue

These tragic stories are far from uncommon in prisons internationally. Women carrying children are often held in terrible environments and not given medical attention. Some lose their pregnancies, others begin childbirth and give birth unassisted in a prison cell. Devastatingly, infants die while incarcerated.

"Nations believe it’s a small number of women so it’s not a problem, but that is incorrect," states a legal advocate dedicated to women's incarceration.

"Detention is not a good environment for women, let alone someone who is pregnant," she continues. "Extensive studies that demonstrates how harmful it is. Numerous prisons were constructed with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the establishment of international guidelines for the treatment of female prisoners. These rules clearly say that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women during labour.

But, these guidelines are routinely ignored around the world. "This is not viewed as a global priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In certain nations, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women describe beatings, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for nourishment or medical supplies.

"We has documented miscarriages and the loss of several infants … it is certain there are more," reports a rights defender.

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

Severe Overpopulation and Its Consequences

Statistics lists some nations as having the most severe prison occupancy levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of infants succumbing from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a detention block with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a teenager lost her daughter after delivering alone in a cell. Her calls for help were ignored for an extended period, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for legislation that prohibit shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

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

• Evaluating alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held before trial, especially for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Advocates and people with experience argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, poverty, abuse and drugs – are truly what we should be investing in."