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An advocate, while she was, was detained near her home in March 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her relatives received a call to retrieve the remains of her infant child. The cause of death has not been investigated, and her loved ones has no idea what happened or if she obtained any postnatal care.

An International Crisis

Situations like these are far from uncommon within correctional systems globally. Pregnant women are often held in appalling situations and not given proper healthcare. Miscarriages occur, others deliver and give birth alone in a detention cell. Devastatingly, some babies perish while incarcerated.

"Nations believe it’s a few of women so it’s not a problem, but that is incorrect," notes a lawyer working on women's incarceration.

"Incarceration is not a good setting for women, not to mention someone who is pregnant," she explains. "Extensive evidence that demonstrates how detrimental it is. Many facilities were constructed with men in mind, so women were an afterthought."

Ignored International Guidelines

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. This framework clearly say that incarceration should be a final option 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 standards are often violated around the world. "This is not considered a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In certain nations, conditions for pregnant prisoners are reported to be "really critical". Family visits have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women reveal beatings, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

"We has recorded pregnancy losses and the loss of four babies … it is certain there are more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Effects

Statistics lists some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. The environment for caring for an infant upon return in prison are worrying, as evidenced by cases of babies succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a cell with pregnant women. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for laws that prohibit restraints and isolation for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Experts and those who have been incarcerated argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Community-based solutions that address the root causes of women entering the legal system – for example, poverty, violence and drugs – are truly what we should be investing in."