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An advocate, who was, was detained near her home in early 2024. Accused with a broad allegation, she was held without evidence. Weeks afterward, her relatives were contacted to retrieve the body of her newborn baby. The cause of death remains unexamined, and the family remains unaware the circumstances or whether she received any care after birth.

An International Issue

These tragic stories are not rare in prisons around the world. Women carrying children are often kept in deplorable conditions and not given proper healthcare. Some miscarry, others go into labour and give birth by themselves in a detention cell. Devastatingly, some babies die in custody.

"Countries think it’s a minority of women so it’s not an issue, but that is incorrect," states a lawyer focused on women's incarceration.

"Incarceration is not a good setting for women, especially not for someone who is pregnant," she continues. "There’s so much studies that demonstrates how detrimental it is. Numerous facilities were built with male inmates in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the establishment of specific standards for the treatment of incarcerated women. This framework clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of shackles on women in childbirth.

But, these standards are often violated globally. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Systems

In certain nations, conditions for expectant inmates are described as "extremely dire". Family visits have been banned, and rights groups are barred from entry. Accounts with ex-inmates describe beatings, torture, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"We has recorded pregnancy losses and the loss of four babies … there will be more," reports a rights defender.

It is also reported women who were chained to hospital beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Consequences

Data shows some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as evidenced by reports of infants succumbing from illness and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that prohibit restraints and isolation for expectant 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 chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented policies for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and those who have been incarcerated contend that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, destitution, abuse and substance issues – are really what we should be focusing on."