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An advocate, who was, was taken into custody near her residence in early 2024. Accused with a vague offense, she was held without evidence. Three weeks later, her family were informed to retrieve the remains of her infant child. The cause of death remains unexamined, and her loved ones does not know what happened or if she was given any postnatal care.

An International Issue

Cases such as this are not rare in detention centers around the world. Women carrying children are often kept in appalling situations and not given necessary care. Some miscarry, others go into labour and give birth unassisted in a detention cell. Devastatingly, some babies die behind bars.

"Governments assume it’s a small number of women so it’s not an issue, but that is incorrect," notes a legal advocate dedicated to female imprisonment.

"Incarceration is a harmful setting for women, especially not for someone who is pregnant," she explains. "Extensive studies that shows how damaging it is. Numerous prisons were designed with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the creation of specific standards for the handling of incarcerated women. This framework specify that prison should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women while giving birth.

But, these rules are often violated globally. "This is not viewed as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Interviews with formerly incarcerated women describe assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

"Our organisation has documented pregnancy losses and the loss of four babies … there will be more," reports a local lawyer.

It is also reported women who were chained to medical beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Effects

Statistics lists some countries as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as shown by reports of babies dying from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a detention block with expectant mothers. 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 asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell set up an advocacy group. Her work has successfully advocated for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish 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 shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the legal system. These include:

• Considering non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and people with experience contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, poverty, violence and drugs – are really what we should be investing in."