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An advocate, at 35 weeks pregnant, was arrested near her residence in early 2024. Charged with a broad allegation, she was imprisoned without evidence. Weeks afterward, her relatives were contacted to collect the remains of her infant child. The cause of death has not been investigated, and her loved ones does not know what happened or whether she obtained any care after birth.

A Worldwide Issue

Cases such as this are not rare in prisons globally. Expectant mothers are often subjected to terrible environments and deprived of necessary care. Some miscarry, others begin childbirth and have their babies alone in a detention cell. Tragically, some babies perish behind bars.

"Countries believe it’s a minority of women so it’s insignificant, but that’s not true," states 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 evidence that demonstrates how detrimental it is. Numerous prisons were designed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the creation of specific standards for the treatment of female prisoners. These rules specify that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. They also forbid the use of shackles on women while giving birth.

But, these guidelines are consistently flouted globally. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Systems

In certain nations, conditions for expectant inmates are reported to be "really critical". Contact with relatives have been banned, and rights groups are denied access. Accounts with ex-inmates describe beatings, torture, and being deprived of basic supplies. Some resort to exchanging favors with prison staff for nourishment or medical supplies.

"We has documented miscarriages and the death of several infants … it is certain there are more," says a local lawyer.

Reports also indicate women who were chained to medical beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Effects

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

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced by reports of infants dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for hours, and she was had to sever the cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for laws that ban restraints and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues 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, poverty, abuse and substance issues – are really what we should be investing in."