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An advocate, at 35 weeks pregnant, was detained near her residence in March 2024. Charged with a vague offense, she was imprisoned without evidence. Three weeks later, her relatives were contacted to collect the body of her infant child. The reason of death remains unexamined, and the family has no idea the circumstances or whether she obtained any care after birth.

A Worldwide Crisis

These tragic stories are not rare within correctional systems globally. Women carrying children are often held in deplorable conditions and denied proper healthcare. Miscarriages occur, others begin childbirth and have their babies unassisted in a detention cell. Sadly, some babies perish in custody.

"Countries assume it’s a minority of women so it’s insignificant, but that is incorrect," states a lawyer working on female imprisonment.

"Incarceration is a harmful environment for women, not to mention someone who is pregnant," she adds. "There’s so much research that indicates how harmful it is. Numerous facilities were designed with male inmates in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the creation of international guidelines for the handling of female prisoners. These rules state that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of shackles on women while giving birth.

But, these guidelines are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and rights groups are denied access. Accounts with ex-inmates reveal beatings, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for food or medical supplies.

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

Reports also indicate women who were shackled to medical beds during labour and gave birth while watched by male officers.

Overcrowding and Its Impact

Statistics lists some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as shown by reports of infants succumbing from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a young woman her baby died after delivering alone in a cell. Her calls for help were ignored for hours, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who miscarried in her cell set up an organisation. She has successfully advocated for legislation that ban shackling and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

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

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

Experts and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the expert.

"Alternatives in the community that address the root causes of women entering the legal system – for example, destitution, abuse and drugs – are truly what we should be focusing on."