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An advocate, while she was, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was jailed without evidence. Three weeks later, her family were contacted to retrieve the body of her newborn baby. The reason of death remains unexamined, and the family has no idea what happened or if she obtained any care after birth.

A Worldwide Issue

Cases such as this are far from uncommon in prisons around the world. Women carrying children are often held in deplorable conditions and denied medical attention. Miscarriages occur, others go into labour and have their babies alone in a cell. Devastatingly, some babies perish behind bars.

"Countries assume it’s a few of women so it’s not an issue, but that’s not true," notes a legal advocate working on women's incarceration.

"Incarceration is not a good environment for women, not to mention someone who is pregnant," she explains. "There’s so much evidence that shows how detrimental it is. Many prisons were constructed with men in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These guidelines specify that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women while giving birth.

However, these guidelines are routinely ignored globally. "This is not viewed as a global gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "really critical". Contact with relatives have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women detail beatings, abuse, and being denied essential items. Some are forced into exchanging favors with guards for food or medical supplies.

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

Reports also indicate women who were chained to hospital beds while in labor and delivered while observed by male officers.

Overcrowding and Its Impact

Data shows some nations as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with expectant mothers. Doors were secured overnight. When someone 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 hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a teenager lost her daughter after delivering alone in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell set up an advocacy group. Her work has successfully pushed for laws that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

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

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, 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 policies regarding expectant mothers in the justice system. These include:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

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

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are really what we should be focusing on."