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An advocate, who was, was taken into custody near her home in March 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her relatives were informed to retrieve the remains of her newborn baby. The cause of death remains unexamined, and the family has no idea the circumstances or whether she received any postnatal care.

A Global Crisis

Situations like these are alarmingly common within correctional systems internationally. Women carrying children are often kept in appalling situations and deprived of necessary care. Some miscarry, others begin childbirth and have their babies unassisted in a prison cell. Devastatingly, some babies perish while incarcerated.

"Governments think it’s a minority of women so it’s not an issue, but that is incorrect," states a lawyer working on women's incarceration.

"Detention is not a good environment for women, let alone someone who is expecting," she adds. "Extensive research that shows how detrimental it is. Many facilities were constructed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the adoption of specific standards for the handling of female prisoners. These guidelines specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women while giving birth.

Yet, these rules are consistently flouted globally. "This is not considered a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In certain nations, situations for expectant inmates are reported to be "really critical". Contact with relatives have been prohibited, and rights groups are denied access. Accounts with ex-inmates reveal assaults, torture, and being denied essential items. Some resort to exchanging favors with guards for food or medicine.

"Our organisation has recorded pregnancy losses and the loss of four babies … it is certain there are more," reports a rights defender.

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

Overcrowding and Its Impact

Statistics shows some nations as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as shown by reports of babies succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a young woman her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "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

Other countries have implemented policies for pregnant women in the legal system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held before trial, particularly for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and people with experience contend that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the expert.

"Community-based solutions that address the root causes of women entering the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."