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An advocate, at 35 weeks pregnant, was arrested near her residence in March 2024. Charged with a crime of "illicit association", she was held without evidence. Weeks afterward, her family were informed to collect the remains of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or if she obtained any postnatal care.

A Worldwide Problem

These tragic stories are not rare within correctional systems internationally. Pregnant women are often held in terrible environments and deprived of proper healthcare. Some lose their pregnancies, others deliver and give birth by themselves in a cell. Tragically, some babies perish while incarcerated.

"Countries assume it’s a few of women so it’s not an issue, but that is incorrect," says a legal advocate working on women's incarceration.

"Incarceration is not a good environment for women, not to mention someone who is expecting," she continues. "Extensive research that indicates how damaging it is. Numerous prisons were built with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the establishment of international guidelines for the handling of female prisoners. These rules specify that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of shackles on women while giving birth.

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

Dire Situations in Overcrowded Systems

In certain nations, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women describe beatings, abuse, and being denied basic supplies. Some are forced into exchanging favors with guards for food or medical supplies.

"Our organisation has documented 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 while in labor and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Statistics shows some nations as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn back in prison are alarming, as shown by cases of infants succumbing from illness and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with expectant mothers. Cell doors were secured overnight. When someone 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 wealthier nations. For example, a teenager her baby died after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the US, a woman who miscarried in her cell founded an advocacy group. She has successfully pushed for legislation that prohibit restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, officers chained her legs to the bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

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

Potential Reforms

Other countries have implemented policies regarding pregnant women in the justice system. These include:

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

Experts and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the advocate.

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