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An advocate, who was, was taken into custody near her residence in early 2024. Accused with a crime of "illicit association", she was held lacking proof. Weeks afterward, her relatives received a call to collect the body of her newborn baby. The cause of death was not looked into, and the family remains unaware the circumstances or if she received any postnatal care.

A Global Crisis

Cases such as this are alarmingly common in detention centers around the world. Pregnant women are often subjected to terrible environments and not given proper healthcare. Some lose their pregnancies, others deliver and have their babies alone in a cell. Sadly, infants die while incarcerated.

"Countries believe it’s a minority of women so it’s not an issue, but that is a misconception," says a lawyer dedicated to women's incarceration.

"Prison is a terrible place for women, not to mention someone who is pregnant," she adds. "There’s so much research that demonstrates how detrimental it is. Most facilities were built with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These rules state that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also forbid the use of restraints on women during labour.

However, these guidelines are consistently flouted globally. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medical supplies.

"We has recorded miscarriages and the loss of four babies … there will be more," says a local lawyer.

Reports also indicate women who were chained to medical beds during labour and gave birth while observed by male officers.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest 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 human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as shown by reports of babies succumbing from illness and malnourishment in custody.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager her baby died after delivering alone in a cell. Her pleas for assistance went unanswered for an extended period, 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 advocate. In the United States, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully advocated for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

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

• Evaluating non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and drugs – are truly what we should be investing in."