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A human rights activist, while she was, was arrested near her home in early 2024. Accused with a vague offense, she was held lacking proof. Three weeks later, her relatives were informed to collect the body of her newborn baby. The cause of death remains unexamined, and the family does not know what happened or if she was given any postnatal care.

An International Crisis

These tragic stories are not rare in detention centers globally. Expectant mothers are often kept in appalling situations and deprived of medical attention. Some miscarry, others begin childbirth and have their babies unassisted in a detention cell. Sadly, infants die in custody.

"Nations assume it’s a minority of women so it’s not an issue, but that is incorrect," states a legal advocate working on women's incarceration.

"Incarceration is not a good setting for women, let alone someone who is pregnant," she continues. "There’s so much research that demonstrates how detrimental it is. Numerous facilities were designed with men in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the creation of specific standards for the handling of incarcerated women. These rules clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women during labour.

However, these rules are often violated around the world. "This is not viewed as a global priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In various regions, conditions for pregnant prisoners are described as "really critical". Family visits have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being denied basic supplies. Some resort to trading sex with guards for food or medicine.

"We has documented pregnancy losses and the loss of four babies … there will be more," reports a local lawyer.

It is also reported women who were shackled to medical beds while in labor and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Statistics lists some countries as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," 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 upon return in prison are alarming, as evidenced by cases of infants dying from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a detention block with pregnant women. Cell doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a teenager lost her daughter after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully advocated for laws that prohibit restraints and isolation for expectant 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, guards chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced policies regarding expectant mothers in the justice system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience contend that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are really what we should be investing in."