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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 without evidence. Weeks afterward, her relatives were contacted to collect the body of her infant child. The cause of death has not been investigated, and her loved ones does not know the circumstances or whether she was given any postnatal care.

A Global Issue

Cases such as this are far from uncommon in detention centers internationally. Expectant mothers are often kept in deplorable conditions and not given proper healthcare. Some miscarry, others go into labour and have their babies alone in a prison cell. Sadly, some babies perish in custody.

"Nations think it’s a small number of women so it’s not an issue, but that is incorrect," states a legal advocate focused on women's incarceration.

"Detention is not a good place for women, let alone someone who is pregnant," she explains. "There’s so much research that demonstrates how harmful it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. This framework clearly say that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women during labour.

But, these standards are consistently flouted around the world. "This is not considered a worldwide gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Systems

In certain nations, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women reveal beatings, torture, and being denied basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medicine.

"We has recorded pregnancy losses and the death of four babies … there will be more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Effects

Statistics lists some nations as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. The environment for caring for an infant back in prison are alarming, as shown by cases of infants dying from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a detention block with pregnant women. Doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. In one case, a young woman lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, officers shackled her legs to the bed. Doctors 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?" was the response.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented measures regarding pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Experts and people with experience believe that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the expert.

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