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An advocate, at 35 weeks pregnant, was taken into custody near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her family received a call to collect the body of her infant child. The reason of death was not looked into, and her loved ones remains unaware what happened or if she was given any postnatal care.

A Worldwide Issue

These tragic stories are not rare within correctional systems internationally. Pregnant women are often held in terrible environments and denied proper healthcare. Some lose their pregnancies, others deliver and give birth by themselves in a detention cell. Tragically, some babies die behind bars.

"Governments assume it’s a few of women so it’s insignificant, but that is a misconception," notes a legal advocate focused on women's incarceration.

"Incarceration is a harmful setting for women, let alone someone who is expecting," she continues. "Extensive research that indicates how detrimental it is. Many prisons were constructed with men in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the establishment of international guidelines for the treatment of incarcerated women. This framework clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of shackles on women while giving birth.

However, these standards are routinely ignored globally. "This is not viewed as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Systems

In some countries, situations for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and independent monitors are barred from entry. Interviews with ex-inmates describe beatings, abuse, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation has recorded miscarriages and the loss of four babies … it is certain there are more," says a local lawyer.

Accounts also tell of women who were shackled to medical beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Consequences

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

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as shown by reports of infants dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a cell with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager her baby died after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures for expectant mothers in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the expert.

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