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An advocate, while she was, was detained near her home in early 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her family received a call to retrieve the remains of her newborn baby. The reason of death has not been investigated, and her loved ones does not know what happened or whether she received any postnatal care.

A Worldwide Problem

Cases such as this are not rare in detention centers around the world. Expectant mothers are often kept in appalling situations and not given medical attention. Some lose their pregnancies, others begin childbirth and give birth alone in a cell. Sadly, infants die while incarcerated.

"Governments assume it’s a small number of women so it’s insignificant, but that is incorrect," says a lawyer dedicated to women's incarceration.

"Detention is a terrible setting for women, let alone someone who is expecting," she adds. "There’s so much evidence that shows how detrimental it is. Most facilities were designed with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. These guidelines clearly say that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of restraints on women during labour.

But, these rules are routinely ignored globally. "This is not considered a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Systems

In various regions, conditions for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of basic supplies. Some are forced into trading sex with guards for nourishment or medicine.

"We has documented miscarriages and the loss of four babies … it is certain there are more," says a local lawyer.

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

Overcrowding and Its Effects

Data lists some nations as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of babies succumbing from illness and severe malnutrition in custody.

Accounts 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 forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman her baby died after giving birth alone in a prison cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully pushed for legislation that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison endure," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures for expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, particularly for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Experts and people with experience believe that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the advocate.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, abuse and substance issues – are really what we should be focusing on."