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An advocate, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Charged with a vague offense, she was held without evidence. Weeks afterward, her family were informed to retrieve the remains of her newborn baby. The cause of death remains unexamined, and the family has no idea what happened or if she was given any care after birth.

An International Issue

Situations like these are alarmingly common in detention centers around the world. Women carrying children are often held in appalling situations and denied medical attention. Some lose their pregnancies, others begin childbirth and give birth alone in a detention cell. Devastatingly, some babies perish in custody.

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

"Detention is not a good environment for women, especially not for someone who is expecting," she continues. "Extensive research that indicates how damaging it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the establishment of international guidelines for the handling of incarcerated women. These guidelines specify that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of restraints on women during labour.

Yet, these rules are consistently flouted globally. "This is not viewed as a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In various regions, situations for expectant inmates are described as "really critical". Family visits have been banned, and independent monitors are denied access. Interviews with ex-inmates reveal assaults, abuse, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for food or medicine.

"We has documented pregnancy losses and the death of several infants … there will be more," says a rights defender.

Reports also indicate women who were chained to medical beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

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

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as evidenced by cases of infants dying from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for hours, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish 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 says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

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

• Evaluating non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

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

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."