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An advocate, at 35 weeks pregnant, was arrested near her home in March 2024. Accused with a vague offense, she was jailed without evidence. Three weeks later, her relatives received a call to retrieve the remains of her newborn baby. The reason of death was not looked into, and her loved ones has no idea what happened or if she received any care after birth.

A Worldwide Issue

Situations like these are far from uncommon within correctional systems internationally. Pregnant women are often kept in deplorable conditions and denied proper healthcare. Miscarriages occur, others go into labour and have their babies by themselves in a detention cell. Devastatingly, some babies die while incarcerated.

"Nations think it’s a few of women so it’s insignificant, but that is incorrect," states a lawyer focused on women's incarceration.

"Incarceration is a terrible place for women, especially not for someone who is expecting," she adds. "Extensive studies that shows how detrimental it is. Numerous facilities were built with male inmates in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the adoption of specific standards for the handling of incarcerated women. These guidelines state that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women while giving birth.

Yet, these standards 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 shame and prejudice."

Critical Conditions in Packed Prisons

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women detail assaults, abuse, and being denied essential items. Some resort to trading sex with prison staff for nourishment or medical supplies.

"We has documented miscarriages and the death of four babies … it is certain there are more," says a rights defender.

Accounts also tell of women who were chained to medical beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for raising a newborn back in prison are worrying, as shown by cases of babies succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell set up an advocacy group. She has successfully pushed for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have implemented measures for pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and people with experience believe that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the advocate.

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