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An advocate, while she was, was taken into custody near her home in early 2024. Accused with a crime of "illicit association", she was held without evidence. Three weeks later, her family received a call to retrieve the body of her newborn baby. The reason of death has not been investigated, and her loved ones does not know what happened or whether she was given any postnatal care.

A Global Crisis

Cases such as this are far from uncommon in detention centers globally. Expectant mothers are often kept in appalling situations and not given proper healthcare. Some miscarry, others begin childbirth and give birth by themselves in a prison cell. Sadly, infants perish behind bars.

"Governments think it’s a minority of women so it’s not a problem, but that’s not true," states a legal advocate focused on female imprisonment.

"Incarceration is a harmful setting for women, not to mention someone who is expecting," she explains. "Extensive evidence that indicates how harmful it is. Many facilities were built with men in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the creation of specific standards for the treatment of female prisoners. This framework clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of shackles on women while giving birth.

However, these standards are consistently flouted around the world. "This is not viewed as a global priority for women's rights," says the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In some countries, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with ex-inmates detail beatings, torture, and being deprived of essential items. Reports indicate some are forced into trading sex with guards for food or medicine.

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

Reports also indicate women who were shackled to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Effects

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

Expectant inmates have been restrained to beds prior to delivery. The environment for caring for an infant back in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were locked overnight. When someone 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 banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager her baby died after delivering unassisted in a cell. Her calls for help went unanswered for hours, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully advocated for laws that prohibit shackling and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, guards shackled her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced measures regarding pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, poverty, violence and substance issues – are truly what we should be focusing on."