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An advocate, while she was, was detained near her home in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Three weeks later, her relatives received a call to collect the remains of her infant child. The cause of death has not been investigated, and her loved ones does not know what happened or if she was given any care after birth.

An International Crisis

Situations like these are alarmingly common within correctional systems globally. Pregnant women are often held in deplorable conditions and not given necessary care. Some lose their pregnancies, others deliver and have their babies alone in a detention cell. Tragically, some babies die while incarcerated.

"Countries think it’s a few of women so it’s not a problem, but that is a misconception," states a legal advocate focused on female imprisonment.

"Detention is not a good setting for women, especially not for someone who is pregnant," she explains. "There’s so much studies that indicates how detrimental it is. Numerous facilities were constructed with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines clearly say that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women during labour.

Yet, these rules are consistently flouted globally. "This is not viewed as a global priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Systems

In various regions, conditions for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are denied access. Interviews with formerly incarcerated women detail beatings, torture, and being denied basic supplies. Some are forced into trading sex with guards for food or medicine.

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

Reports also indicate women who were shackled to hospital beds during labour and delivered while watched by male prison guards.

Severe Overpopulation and Its Impact

Data shows some nations as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as evidenced by reports of babies dying from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner 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 fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground 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 calls for help were ignored for an extended period, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell set up an advocacy group. Her work has successfully advocated for laws that prohibit restraints and solitary confinement 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, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies for expectant mothers in the legal system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Experts and people with experience contend that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the advocate.

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