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An advocate, at 35 weeks pregnant, was arrested near her home in March 2024. Charged with a vague offense, she was jailed without evidence. Three weeks later, her family received a call to collect the remains of her newborn baby. The cause of death has not been investigated, and her loved ones has no idea what happened or whether she received any care after birth.

A Worldwide Problem

Cases such as this are far from uncommon in prisons around the world. Women carrying children are often held in terrible environments and deprived of medical attention. Some miscarry, others deliver and have their babies by themselves in a cell. Sadly, some babies perish while incarcerated.

"Nations believe it’s a minority of women so it’s not a problem, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Incarceration is a harmful place for women, let alone someone who is pregnant," she adds. "There’s so much studies that demonstrates how damaging it is. Many prisons were built with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the establishment of specific standards for the treatment of incarcerated women. These rules specify that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of restraints on women while giving birth.

Yet, these guidelines are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In various regions, conditions for expectant inmates are described as "extremely dire". Family visits have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women describe beatings, abuse, and being denied essential items. Some resort to trading sex with prison staff for food or medicine.

"We has recorded pregnancy losses and the death of four babies … there will be more," reports a local lawyer.

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

Severe Overpopulation and Its Effects

Statistics shows some countries as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by cases 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. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a young woman her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord on her own.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her cell set up an organisation. She has successfully advocated for legislation that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies regarding expectant mothers in the legal system. These include:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held on remand, especially for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Experts and people with experience believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," argues the expert.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be focusing on."