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An advocate, who was, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was jailed lacking proof. Weeks afterward, her relatives received a call to collect the remains of her newborn baby. The cause of death has not been investigated, and the family does not know what happened or if she received any postnatal care.

An International Crisis

These tragic stories are far from uncommon in prisons globally. Expectant mothers are often kept in deplorable conditions and not given medical attention. Some lose their pregnancies, others begin childbirth and have their babies by themselves in a detention cell. Devastatingly, some babies perish while incarcerated.

"Governments assume it’s a few of women so it’s not a problem, but that is a misconception," states a lawyer focused on female imprisonment.

"Incarceration is not a good setting for women, especially not for someone who is expecting," she continues. "There’s so much evidence that demonstrates how damaging it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of restraints on women while giving birth.

However, these guidelines are consistently flouted around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, conditions for expectant inmates are reported to be "really critical". Family visits have been prohibited, and rights groups are barred from entry. Interviews with ex-inmates detail beatings, torture, and being denied basic supplies. Reports indicate some resort to trading sex with guards for food or medicine.

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

It is also reported women who were shackled to medical beds while in labor and delivered while observed by male officers.

Overcrowding and Its Effects

Data lists some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by cases of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Different Continents

In Zambia, a former inmate recalls being in a cell with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a young woman lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards chained her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

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

• Considering alternatives to detention for accused women who are mothers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the advocate.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, violence and drugs – are truly what we should be focusing on."