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An advocate, at 35 weeks pregnant, was detained near her home in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The cause of death has not been investigated, and the family remains unaware the circumstances or if she received any postnatal care.

A Global Crisis

Cases such as this are alarmingly common in detention centers around the world. Expectant mothers are often kept in deplorable conditions and denied medical attention. Some lose their pregnancies, others begin childbirth and have their babies alone in a prison cell. Tragically, infants die behind bars.

"Governments assume it’s a small number of women so it’s insignificant, but that is a misconception," states a lawyer working on women's incarceration.

"Prison is a terrible environment for women, especially not for someone who is pregnant," she continues. "There’s so much evidence that indicates how damaging it is. Most prisons were built with men in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the adoption of international guidelines for the handling of female prisoners. These rules specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women during labour.

However, these rules are routinely ignored around the world. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In certain nations, situations for expectant inmates are described as "extremely dire". Family visits have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal assaults, abuse, and being deprived of essential items. Some resort to trading sex with guards for nourishment or medicine.

"Our organisation has recorded pregnancy losses and the death of several infants … there will be more," reports a local lawyer.

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

Overcrowding and Its Consequences

Data shows some countries as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by reports of babies dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a young woman her baby died after giving birth unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully pushed for laws that ban restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented measures for expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Allowing for 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 criminalised for numerous offenses in the first place," argues the advocate.

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