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An advocate, while she was, was taken into custody near her residence in March 2024. Accused with a vague offense, she was jailed lacking proof. Weeks afterward, her family received a call to collect the remains of her newborn baby. The reason of death has not been investigated, and the family does not know what happened or whether she obtained any care after birth.

An International Crisis

These tragic stories are far from uncommon within correctional systems around the world. Pregnant women are often subjected to terrible environments and denied necessary care. Some miscarry, others go into labour and have their babies alone in a cell. Tragically, infants die in custody.

"Governments assume it’s a small number of women so it’s insignificant, but that’s not true," notes a lawyer focused on women's incarceration.

"Incarceration is not a good place for women, especially not for someone who is expecting," she continues. "There’s so much evidence that indicates how damaging it is. Numerous facilities were built with men in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the establishment of international guidelines for the handling of female prisoners. This framework clearly say that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these standards are consistently flouted globally. "This isn’t seen as a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Systems

In various regions, situations for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women detail assaults, torture, and being deprived of basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medicine.

"Our organisation has documented miscarriages and the loss of several infants … it is certain there are more," says a local lawyer.

Reports also indicate women who were shackled to medical beds while in labor and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Data shows some nations as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of infants succumbing from illness and malnourishment in custody.

Accounts from Different Continents

In Zambia, a past prisoner 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 would be pleading. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. For example, a teenager lost her daughter after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for laws that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies regarding pregnant women in the justice system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the advocate.

"Alternatives in the community that address the root causes of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are truly what we should be investing in."