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An advocate, while she was, was taken into custody near her home in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her family were informed to collect the remains of her infant child. The cause of death was not looked into, and the family does not know the circumstances or whether she obtained any postnatal care.

A Global Crisis

Situations like these are not rare in detention centers internationally. Women carrying children are often kept in appalling situations and deprived of necessary care. Some lose their pregnancies, others deliver and have their babies alone in a detention cell. Devastatingly, some babies die behind bars.

"Governments think it’s a few of women so it’s insignificant, but that is incorrect," says a lawyer focused on women's incarceration.

"Detention is not a good setting for women, let alone someone who is pregnant," she adds. "Extensive studies that demonstrates how detrimental it is. Many prisons were constructed with male inmates in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the establishment of specific standards for the handling of female prisoners. These rules state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women during labour.

Yet, these standards are routinely ignored globally. "This is not viewed as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In various regions, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and independent monitors are denied access. Interviews with ex-inmates describe beatings, abuse, and being deprived of essential items. Reports indicate some are forced into trading sex with guards for food or medicine.

"We has documented miscarriages and the loss of four babies … there will be more," says a local lawyer.

Accounts also tell of women who were shackled to medical beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Statistics shows some nations as having the most severe prison occupancy levels in the world. 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 basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of infants dying from illness and malnourishment behind bars.

Stories from Around the Globe

In one African country, a former inmate remembers being in a cell with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a young woman her baby died after delivering unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell founded an advocacy group. She has successfully pushed for laws that ban restraints and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish 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 go through," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies regarding pregnant women in the justice system. These include:

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

Experts and people with experience argue that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, violence and substance issues – are really what we should be investing in."