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An advocate, at 35 weeks pregnant, was arrested near her residence in March 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her family were informed to collect the body of her newborn baby. The reason of death was not looked into, and the family does not know what happened or if she was given any postnatal care.

A Global Issue

Situations like these are alarmingly common within correctional systems internationally. Expectant mothers are often kept in appalling situations and not given necessary care. Some lose their pregnancies, others begin childbirth and give birth unassisted in a cell. Devastatingly, some babies perish behind bars.

"Countries think it’s a small number of women so it’s not an issue, but that is a misconception," says a lawyer focused on women's incarceration.

"Detention is a terrible environment for women, let alone someone who is expecting," she adds. "There’s so much studies that shows how harmful it is. Many prisons were designed with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the adoption of specific standards for the treatment of incarcerated women. These guidelines state that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women during labour.

However, these rules are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Prisons

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and rights groups are barred from entry. Accounts with ex-inmates describe assaults, torture, and being deprived of essential items. Some resort to exchanging favors with prison staff for food or medicine.

"Our organisation has documented miscarriages and the death 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 watched by male prison guards.

Severe Overpopulation and Its Consequences

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

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as evidenced by cases of infants dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a teenager lost her daughter after delivering alone in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the US, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for laws that ban shackling and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, officers shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

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

Potential Reforms

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

• Considering alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated argue that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses 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 really what we should be focusing on."