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An advocate, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was imprisoned without evidence. Three weeks later, her relatives received a call to collect the body of her newborn baby. The reason of death remains unexamined, and the family remains unaware the circumstances or whether she was given any care after birth.

An International Crisis

These tragic stories are alarmingly common in detention centers around the world. Expectant mothers are often kept in terrible environments and denied necessary care. Some miscarry, others deliver and give birth unassisted in a prison cell. Devastatingly, some babies die behind bars.

"Countries think it’s a few of women so it’s not an issue, but that is incorrect," notes a lawyer focused on female imprisonment.

"Incarceration is a terrible place for women, let alone someone who is pregnant," she explains. "There’s so much evidence that shows how damaging it is. Numerous facilities were built with men in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. These guidelines clearly say that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of restraints on women in childbirth.

But, these guidelines are consistently flouted around the world. "This is not considered a global priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Systems

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with formerly incarcerated women detail beatings, torture, and being deprived of essential items. Some resort to trading sex with prison staff for nourishment or medical supplies.

"We has recorded pregnancy losses and the loss of several infants … there will be more," says a rights defender.

Reports also indicate women who were chained to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Impact

Data lists some nations as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for caring for an infant back in prison are alarming, as shown by reports of babies dying from illness and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a young woman her baby died after giving birth unassisted in a cell. Her pleas for assistance were ignored for hours, and she was forced to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers chained her legs to the bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the justice system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and people with experience believe that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the expert.

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be investing in."