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An advocate, who was, was taken into custody near her residence in early 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family were contacted to collect the body of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or whether she obtained any care after birth.

An International Problem

Situations like these are not rare within correctional systems globally. Expectant mothers are often subjected to deplorable conditions and not given medical attention. Miscarriages occur, others deliver and have their babies alone in a detention cell. Sadly, infants perish in custody.

"Nations assume it’s a few of women so it’s not a problem, but that is a misconception," says a lawyer focused on women's incarceration.

"Prison is not a good place for women, not to mention someone who is expecting," she adds. "There’s so much evidence that indicates how damaging it is. Numerous prisons were built with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. These guidelines state that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of shackles on women during labour.

Yet, these rules are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Systems

In some countries, situations for pregnant prisoners are reported to be "extremely dire". Family visits have been prohibited, and civil society are barred from entry. Accounts with ex-inmates describe beatings, torture, and being deprived of basic supplies. Some resort to trading sex with guards for food or medicine.

"Our organisation has recorded pregnancy losses and the death of four babies … it is certain there are more," says a rights defender.

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

Severe Overpopulation and Its Effects

Data lists some countries as having the highest prison occupancy levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced by reports of babies dying from illness and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully pushed for laws that prohibit shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies regarding expectant mothers in the legal system. These include:

• Considering alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Permitting the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," argues the advocate.

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