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An advocate, who was, was taken into custody near her residence in March 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives received a call to retrieve the remains of her infant child. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or whether she was given any postnatal care.

A Worldwide Issue

These tragic stories are alarmingly common in detention centers globally. Pregnant women are often held in appalling situations and deprived of necessary care. Some miscarry, others deliver and give birth unassisted in a cell. Sadly, some babies perish in custody.

"Governments assume it’s a minority of women so it’s not a problem, but that’s not true," says a legal advocate working on women's incarceration.

"Detention is a terrible environment for women, not to mention someone who is expecting," she explains. "There’s so much studies that demonstrates how detrimental it is. Most facilities were constructed with men in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the creation of specific standards for the treatment of female prisoners. These rules specify that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women while giving birth.

But, these standards are often violated around the world. "This is not considered a global priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … there will be more," says a rights defender.

Accounts also tell of women who were shackled to medical beds while in labor and delivered while watched by male prison guards.

Overcrowding and Its Effects

Data lists some countries as having the highest prison occupancy 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 exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of infants succumbing from illness and malnourishment in custody.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a young woman her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented policies for expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Experts and people with experience argue that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the advocate.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, poverty, violence and drugs – are truly what we should be focusing on."