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An advocate, who was, was arrested near her residence in early 2024. Accused with a broad allegation, she was imprisoned without evidence. Weeks afterward, her family were contacted to collect the remains of her infant child. The cause of death was not looked into, and the family has no idea what happened or whether she obtained any care after birth.

A Worldwide Issue

Situations like these are far from uncommon in prisons around the world. Women carrying children are often held in deplorable conditions and not given proper healthcare. Miscarriages occur, others begin childbirth and give birth unassisted in a detention cell. Tragically, infants perish in custody.

"Nations assume it’s a few of women so it’s insignificant, but that is a misconception," says a lawyer focused on female imprisonment.

"Incarceration is a terrible environment for women, especially not for someone who is pregnant," she continues. "There’s so much studies that shows how harmful it is. Many prisons were designed with men in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. This framework state that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also prohibit the use of restraints on women during labour.

But, these rules are consistently flouted globally. "This is not considered a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In various regions, conditions for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with ex-inmates reveal assaults, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for nourishment or medical supplies.

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

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

Overcrowding and Its Impact

Statistics shows some countries as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of babies dying from pneumonia and malnourishment behind bars.

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. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards shackled her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want 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 go through," she stated. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the justice system. These include:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held before trial, especially for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and people with experience argue 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," says the advocate.

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