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An advocate, while she was, was arrested near her home in March 2024. Charged with a vague offense, she was jailed without evidence. Three weeks later, her relatives received a call to retrieve the remains of her infant child. The reason of death has not been investigated, and her loved ones does not know the circumstances or whether she received any care after birth.

An International Crisis

Cases such as this are not rare within correctional systems internationally. Expectant mothers are often held in deplorable conditions and deprived of medical attention. Some miscarry, others begin childbirth and give birth unassisted in a detention cell. Tragically, infants perish in custody.

"Countries assume it’s a minority of women so it’s not an issue, but that is incorrect," notes a lawyer working on women's incarceration.

"Prison is a harmful setting for women, not to mention someone who is expecting," she continues. "Extensive evidence that shows how detrimental it is. Numerous prisons were designed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the adoption of international guidelines for the handling of incarcerated women. This framework clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women while giving birth.

However, these rules are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, situations for expectant inmates are described as "really critical". Contact with relatives have been banned, and civil society are barred from entry. Accounts with formerly incarcerated women describe assaults, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for food or medicine.

"We has recorded pregnancy losses and the loss of several infants … it is certain there are more," reports a rights defender.

It is also reported women who were shackled to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Consequences

Data shows some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of babies succumbing from illness and severe malnutrition in custody.

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with pregnant women. Cell doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a teenager her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account 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 C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

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

• Considering non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the advocate.

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