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An advocate, who was, was detained near her home in March 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her family were informed to collect the body of her newborn baby. The cause of death remains unexamined, and the family has no idea what happened or if she received any postnatal care.

A Worldwide Crisis

Cases such as this are far from uncommon within correctional systems around the world. Women carrying children are often kept in terrible environments and deprived of medical attention. Some miscarry, others begin childbirth and have their babies alone in a detention cell. Devastatingly, some babies die while incarcerated.

"Nations believe it’s a minority of women so it’s not a problem, but that is a misconception," says a legal advocate working on women's incarceration.

"Prison is a terrible environment for women, not to mention someone who is expecting," she adds. "Extensive research that demonstrates how harmful it is. Most prisons were built with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the establishment of specific standards for the handling of incarcerated women. This framework clearly say that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women in childbirth.

Yet, these rules are routinely ignored globally. "This is not considered a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In some countries, situations for pregnant prisoners are described as "really critical". Family visits have been banned, and rights groups are barred from entry. Accounts with ex-inmates reveal beatings, abuse, and being denied essential items. Some resort to trading sex with prison staff for food or medical supplies.

"We has recorded pregnancy losses and the loss of several infants … it is certain there are more," says a local lawyer.

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

Overcrowding and Its Effects

Statistics shows some nations as having the most severe prison occupancy levels in the world. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of babies dying from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner recalls 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 manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a young woman her baby died after giving birth alone in a cell. Her calls for help went unanswered for hours, and she was forced to sever the umbilical 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 prison cell founded an advocacy group. She has successfully pushed for laws that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

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

• Considering alternatives to detention 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.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated contend that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the expert.

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