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An advocate, while she was, was taken into custody near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were contacted to retrieve the remains of her infant child. The reason of death has not been investigated, and her loved ones remains unaware what happened or whether she received any care after birth.

A Worldwide Issue

Cases such as this are far from uncommon in detention centers internationally. Women carrying children are often kept in terrible environments and deprived of necessary care. Some lose their pregnancies, others go into labour and give birth by themselves in a prison cell. Tragically, some babies perish in custody.

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

"Incarceration is a harmful setting for women, let alone someone who is pregnant," she adds. "Extensive evidence that shows how damaging it is. Numerous facilities were built with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the establishment of international guidelines for the treatment of incarcerated women. These guidelines specify that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women during labour.

However, these rules are consistently flouted around the world. "This is not viewed as a worldwide 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 Systems

In various regions, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and civil society are denied access. Interviews with formerly incarcerated women reveal assaults, torture, and being denied essential items. Reports indicate some are forced into exchanging favors with guards for food or medicine.

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

It is also reported women who were chained to medical beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Impact

Statistics lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as evidenced by reports of infants succumbing from illness and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a former inmate remembers being in a detention block with expectant mothers. Cell doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a young woman her baby died after delivering unassisted in a prison cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully advocated for legislation that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "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 endure," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies for expectant mothers in the legal system. These include:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held before trial, particularly for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Advocates and people with experience believe that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the advocate.

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