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An advocate, who was, was arrested near her residence in March 2024. Accused with a broad allegation, she was jailed lacking proof. Three weeks later, her family were informed to retrieve the remains of her infant child. The reason of death remains unexamined, and the family does not know what happened or whether she received any care after birth.

A Worldwide Issue

These tragic stories are alarmingly common in detention centers globally. Expectant mothers are often subjected to terrible environments and deprived of proper healthcare. Miscarriages occur, others deliver and have their babies unassisted in a detention cell. Tragically, infants die behind bars.

"Governments assume it’s a minority of women so it’s not a problem, but that is a misconception," says a legal advocate dedicated to women's incarceration.

"Prison is not a good place for women, let alone someone who is pregnant," she continues. "There’s so much studies that shows how detrimental it is. Numerous facilities were constructed with male inmates in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the creation of specific standards for the treatment of female prisoners. These rules clearly say that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women while giving birth.

Yet, these guidelines are often violated around the world. "This is not considered a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In certain nations, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being deprived of basic supplies. Some resort to trading sex with prison staff for nourishment or medical supplies.

"We has recorded miscarriages and the loss of several infants … it is certain there are more," reports a rights defender.

Reports also indicate women who were chained to hospital beds during labour and delivered while observed by male officers.

Overcrowding and Its Effects

Data lists some nations as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of babies succumbing from illness and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a young woman lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, guards 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?" 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 informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures for pregnant women in the justice system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Experts and people with experience argue that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are truly what we should be investing in."