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An advocate, at 35 weeks pregnant, was arrested near her home in early 2024. Accused with a broad allegation, she was jailed lacking proof. Weeks afterward, her relatives were informed to collect the remains of her newborn baby. The reason of death has not been investigated, and her loved ones does not know what happened or whether she received any care after birth.

A Global Issue

These tragic stories are alarmingly common in detention centers around the world. Expectant mothers are often subjected to deplorable conditions and deprived of necessary care. Miscarriages occur, others go into labour and have their babies by themselves in a prison cell. Sadly, some babies perish while incarcerated.

"Countries believe it’s a small number of women so it’s not a problem, but that is a misconception," notes a lawyer focused on women's incarceration.

"Detention is a harmful environment for women, not to mention someone who is expecting," she adds. "There’s so much evidence that shows how damaging it is. Many facilities were constructed with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the establishment of specific standards for the handling of incarcerated women. These guidelines specify that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women during labour.

However, these standards are often violated globally. "This is not considered a global gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In various regions, situations for expectant inmates are reported to be "extremely dire". Family visits have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal beatings, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for nourishment or medicine.

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

It is also reported women who were chained to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics lists some nations as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as shown by cases of babies succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Doors were locked overnight. If a woman 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 floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager her baby died after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully pushed for laws that ban shackling and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, guards shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison endure," she says. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures for pregnant women in the justice 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 on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Experts and those who have been incarcerated contend that, often, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the expert.

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