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An advocate, who was, was taken into custody near her residence in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to collect the remains of her infant child. The cause of death remains unexamined, and the family does not know the circumstances or if she was given any postnatal care.

An International Problem

Situations like these are not rare within correctional systems globally. Pregnant women are often kept in appalling situations and denied necessary care. Miscarriages occur, others begin childbirth and give birth by themselves in a prison cell. Sadly, some babies die in custody.

"Governments believe it’s a small number of women so it’s insignificant, but that’s not true," notes a lawyer working on female imprisonment.

"Prison is a terrible environment for women, let alone someone who is pregnant," she adds. "There’s so much studies that demonstrates how harmful it is. Numerous prisons were constructed with men in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the establishment of international guidelines for the treatment of female prisoners. These guidelines specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of shackles on women in childbirth.

Yet, these standards are routinely ignored globally. "This is not viewed as a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Interviews with ex-inmates reveal beatings, torture, and being deprived of basic supplies. Some are forced into trading sex with guards for food or medical supplies.

"Our organisation has recorded miscarriages and the death of four babies … there will be more," says a local lawyer.

Reports also indicate women who were shackled to medical beds during labour and delivered while watched by male officers.

Overcrowding and Its Effects

Statistics 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 fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant back in prison are alarming, as shown by cases of infants succumbing from pneumonia and severe malnutrition in custody.

Accounts 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 manage on their own. "We begged. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a young woman her baby died after delivering alone in a cell. Her calls for help were ignored for hours, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced policies regarding expectant mothers in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and people with experience believe that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community that address the root causes of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be investing in."