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An advocate, while she was, was arrested near her home in early 2024. Accused with a broad allegation, she was held lacking proof. Weeks afterward, her family were informed to retrieve the remains of her infant child. The cause of death was not looked into, and the family remains unaware what happened or whether she obtained any postnatal care.

An International Crisis

Cases such as this are alarmingly common in detention centers globally. Women carrying children are often held in appalling situations and deprived of medical attention. Some miscarry, others deliver and give birth by themselves in a cell. Sadly, infants die while incarcerated.

"Countries think it’s a small number of women so it’s not an issue, but that is incorrect," notes a legal advocate focused on women's incarceration.

"Detention is a harmful place for women, let alone someone who is pregnant," she explains. "Extensive studies that demonstrates how detrimental it is. Many facilities were designed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the creation of specific standards for the treatment of female prisoners. These guidelines specify that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women in childbirth.

However, these rules are consistently flouted globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Prisons

In some countries, situations for expectant inmates are reported to be "really critical". Contact with relatives have been banned, and rights groups are denied access. Interviews with formerly incarcerated women reveal assaults, torture, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for food or medical supplies.

"Our organisation has recorded pregnancy losses and the loss of several infants … there will be more," reports a local lawyer.

Reports also indicate women who were shackled to medical beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Impact

Data lists some nations as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of infants dying from pneumonia and malnourishment in custody.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground 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 went unanswered for an extended period, and she was forced to sever the cord on her own.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. She has successfully advocated for legislation that prohibit shackling and isolation for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies for pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Implementing home detention as an option to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Experts and people with experience contend that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and substance issues – are truly what we should be focusing on."