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An advocate, while she was, was detained near her residence in early 2024. Charged with a vague offense, she was jailed lacking proof. Three weeks later, her family were contacted to collect the remains of her newborn baby. The reason of death was not looked into, and the family has no idea the circumstances or if she obtained any care after birth.

A Worldwide Crisis

Situations like these are not rare in prisons globally. Women carrying children are often held in appalling situations and deprived of proper healthcare. Miscarriages occur, others go into labour and have their babies alone in a prison cell. Sadly, infants die behind bars.

"Governments think it’s a minority of women so it’s not a problem, but that’s not true," says a legal advocate dedicated to female imprisonment.

"Detention is a terrible setting for women, not to mention someone who is expecting," she adds. "Extensive evidence that indicates how detrimental it is. Most prisons were constructed with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the establishment of specific standards for the handling of female prisoners. These guidelines clearly say that prison should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women during labour.

But, these rules are routinely ignored around the world. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In certain nations, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and independent monitors are denied access. Interviews with ex-inmates detail assaults, abuse, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"Our organisation has documented pregnancy losses and the death of several infants … there will be more," says a rights defender.

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

Severe Overpopulation and Its Effects

Data 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 human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager her baby died after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

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 bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures for expectant mothers in the legal system. These include:

• Considering alternatives to detention for accused women who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be investing in."