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An advocate, at 35 weeks pregnant, was arrested near her home in early 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The cause of death was not looked into, and the family does not know the circumstances or if she received any postnatal care.

An International Crisis

Cases such as this are alarmingly common within correctional systems globally. Expectant mothers are often subjected to terrible environments and deprived of medical attention. Some lose their pregnancies, others begin childbirth and give birth unassisted in a detention cell. Devastatingly, some babies perish while incarcerated.

"Countries believe it’s a small number of women so it’s not an issue, but that’s not true," notes a lawyer focused on female imprisonment.

"Prison is not a good setting for women, not to mention someone who is expecting," she explains. "There’s so much studies that shows how harmful it is. Most prisons were constructed with men in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. This framework state that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women in childbirth.

But, these standards are often violated around the world. "This is not considered a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, situations for expectant inmates are described as "really critical". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women detail assaults, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for food or medicine.

"We has documented miscarriages and the loss of several infants … it is certain there are more," reports a local lawyer.

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

Data lists some countries as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are alarming, as shown by cases of babies succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell 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 begged. Others were asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a teenager her baby died after delivering unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell set up an organisation. Her work has successfully pushed for laws that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies regarding pregnant women in the legal system. These include:

• Evaluating alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the advocate.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, destitution, violence and substance issues – are truly what we should be investing in."