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An advocate, while she was, was arrested near her residence in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to retrieve the body of her newborn baby. The cause of death has not been investigated, and the family does not know what happened or whether she obtained any care after birth.

A Worldwide Problem

Situations like these are far from uncommon within correctional systems around the world. Pregnant women are often held in appalling situations and not given proper healthcare. Some miscarry, others deliver and have their babies alone in a detention cell. Sadly, infants die while incarcerated.

"Governments think it’s a few of women so it’s not a problem, but that is a misconception," says a legal advocate focused on women's incarceration.

"Incarceration is not a good environment for women, let alone someone who is pregnant," she continues. "There’s so much research that demonstrates how harmful it is. Most prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the establishment of specific standards for the treatment of incarcerated women. These guidelines specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of restraints on women during labour.

But, these rules are often violated around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Systems

In certain nations, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medical supplies.

"We has documented miscarriages and the loss of several infants … there will be more," reports a local lawyer.

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while observed by male officers.

Overcrowding and Its Impact

Data shows some countries as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as shown by cases of infants dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for laws that prohibit restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

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

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

Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted 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 legal system – for example, destitution, violence and drugs – are truly what we should be focusing on."