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An advocate, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her family were informed to retrieve the remains of her newborn baby. The reason of death has not been investigated, and the family remains unaware what happened or whether she obtained any postnatal care.

An International Problem

Cases such as this are alarmingly common within correctional systems globally. Women carrying children are often subjected to deplorable conditions and not given necessary care. Miscarriages occur, others go into labour and give birth alone in a detention cell. Sadly, infants perish while incarcerated.

"Countries assume it’s a few of women so it’s not a problem, but that’s not true," says a lawyer focused on female imprisonment.

"Incarceration is not a good setting for women, not to mention someone who is expecting," she continues. "Extensive evidence that shows how damaging it is. Most facilities were designed with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

It has been 15 years since the creation of specific standards for the treatment of incarcerated women. These guidelines state that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women in childbirth.

But, these standards are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Prisons

In various regions, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women describe beatings, torture, and being denied basic supplies. Reports indicate some resort to trading sex with guards for food or medicine.

"Our organisation has documented miscarriages and the loss of several infants … there will be more," reports a rights defender.

It is also reported women who were shackled to medical beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Statistics shows some nations as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by reports of babies succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a cell with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell set up an advocacy group. She has successfully advocated for legislation that ban restraints and isolation for pregnant 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 bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

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

Alternatives and Solutions

Other countries have introduced policies for pregnant women in the legal system. Among them are:

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

Experts and those who have been incarcerated argue that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the expert.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, destitution, abuse and substance issues – are really what we should be focusing on."