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An advocate, at 35 weeks pregnant, was detained near her home in early 2024. Accused with a crime of "illicit association", she was held without evidence. Three weeks later, her family received a call to collect the body of her infant child. The cause of death has not been investigated, and the family remains unaware the circumstances or if she received any care after birth.

A Worldwide Issue

Cases such as this are alarmingly common in prisons globally. Expectant mothers are often held in terrible environments and not given medical attention. Miscarriages occur, others begin childbirth and have their babies alone in a prison cell. Sadly, infants die behind bars.

"Nations think it’s a few of women so it’s insignificant, but that is incorrect," says a lawyer working on female imprisonment.

"Detention is not a good environment for women, let alone someone who is pregnant," she explains. "There’s so much research that indicates how detrimental it is. Most prisons were designed with men in mind, so women were an afterthought."

Ignored UN Rules

Over 15 years since the establishment of specific standards for the handling of female prisoners. This framework state that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. They also ban the use of restraints on women during labour.

Yet, these rules are often violated around the world. "This is not considered a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In some countries, situations for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal assaults, abuse, and being denied essential items. Reports indicate some are forced into trading sex with guards for food or medical supplies.

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

It is also reported women who were chained to medical beds during labour and delivered while observed by male officers.

Overcrowding and Its Impact

Data shows some countries as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates 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 pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a teenager lost her daughter after delivering alone in a cell. Her calls for help went unanswered for hours, and she was forced to bite through the cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for legislation that prohibit restraints and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies for pregnant women in the legal system. These include:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Advocates and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the expert.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are really what we should be investing in."