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An advocate, who was, was taken into custody near her home in March 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her relatives were contacted to retrieve 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 obtained any care after birth.

A Global Problem

Situations like these are alarmingly common in detention centers around the world. Women carrying children are often kept in appalling situations and not given proper healthcare. Some lose their pregnancies, others deliver and have their babies by themselves in a detention cell. Tragically, infants die in custody.

"Governments believe it’s a few of women so it’s insignificant, but that is incorrect," notes a lawyer focused on women's incarceration.

"Prison is not a good environment for women, especially not for someone who is pregnant," she explains. "Extensive studies that demonstrates how detrimental it is. Most prisons were built with male inmates in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the establishment of specific standards for the handling of female prisoners. This framework clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women in childbirth.

But, these guidelines are consistently flouted globally. "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."

Critical Conditions in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Family visits have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women reveal beatings, torture, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

"We has documented miscarriages and the loss of four babies … there will be more," says a local lawyer.

It is also reported women who were chained to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Consequences

Data shows some countries as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. Conditions for caring for an infant back in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager her baby died after delivering alone in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, guards chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures for pregnant women in the legal system. Among them are:

• Considering alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held before trial, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

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

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."