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An advocate, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was held without evidence. Three weeks later, her relatives were informed to retrieve the body of her infant child. The reason of death has not been investigated, and the family remains unaware the circumstances or whether she received any care after birth.

An International Issue

These tragic stories are alarmingly common within correctional systems around the world. Pregnant women are often subjected to terrible environments and not given necessary care. Some lose their pregnancies, others deliver and have their babies unassisted in a cell. Devastatingly, some babies perish behind bars.

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

"Detention is not a good environment for women, not to mention someone who is expecting," she explains. "There’s so much evidence that demonstrates how harmful it is. Numerous prisons were built with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules specify that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women during labour.

However, these standards are often violated around the world. "This is not considered a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being deprived of basic supplies. Some are forced into exchanging favors with guards for nourishment or medical supplies.

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

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

Overcrowding and Its Consequences

Data shows some nations as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a cell with pregnant women. Cell doors were secured overnight. When someone went into labour 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 doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager lost her daughter after delivering alone in a cell. Her calls for help were ignored for hours, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies regarding expectant mothers in the legal system. Among them are:

• Considering non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and people with experience contend 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 first place," says the advocate.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, destitution, abuse and drugs – are really what we should be focusing on."