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An advocate, at 35 weeks pregnant, was detained near her home in early 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her family received a call to collect the remains of her newborn baby. The cause of death has not been investigated, and her loved ones remains unaware what happened or if she received any care after birth.

An International Crisis

These tragic stories are far from uncommon in prisons around the world. Expectant mothers are often kept in appalling situations and not given proper healthcare. Miscarriages occur, others deliver and give birth alone in a prison cell. Devastatingly, infants perish in custody.

"Countries believe it’s a few of women so it’s not an issue, but that is incorrect," notes a legal advocate focused on women's incarceration.

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

Ignored UN Rules

Over 15 years since the adoption of specific standards for the handling of female prisoners. These rules clearly say that prison 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 consistently flouted globally. "This isn’t seen as a worldwide priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Systems

In certain nations, situations for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and civil society are denied access. Interviews with ex-inmates describe assaults, abuse, and being deprived of essential items. Reports indicate some resort to trading sex with prison staff for food or medicine.

"Our organisation has recorded pregnancy losses and the loss of several infants … there will be more," says a rights defender.

Reports also indicate women who were chained to medical beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

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

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as shown by cases of babies succumbing from illness and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager her baby died after delivering unassisted in a prison cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff 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. It should not have occurred, but this is what women in prison endure," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Experts and those who have been incarcerated believe that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, destitution, abuse and substance issues – are really what we should be investing in."