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An advocate, at 35 weeks pregnant, was arrested near her home in early 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The cause of death was not looked into, and her loved ones does not know the circumstances or if she obtained any postnatal care.

An International Problem

Cases such as this are far from uncommon within correctional systems around the world. Women carrying children are often kept in terrible environments and not given medical attention. Some miscarry, others deliver and give birth alone in a detention cell. Sadly, some babies perish behind bars.

"Nations assume it’s a minority of women so it’s insignificant, but that’s not true," says a legal advocate focused on women's incarceration.

"Prison is a harmful place for women, especially not for someone who is expecting," she explains. "Extensive studies that indicates how harmful it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the adoption of international guidelines for the handling of female prisoners. These rules clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of restraints on women during labour.

However, these rules are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In some countries, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and rights groups are denied access. 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 medicine.

"We has documented pregnancy losses and the loss of several infants … it is certain there are more," says a rights defender.

It is also reported women who were shackled to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Impact

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

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by reports of babies dying from illness and malnourishment in custody.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a cell with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her cell set up an advocacy group. Her work has successfully advocated for laws that prohibit shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

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

Potential Reforms

Other countries have implemented measures for expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, poverty, abuse and drugs – are truly what we should be focusing on."