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An advocate, who was, was detained near her home in early 2024. Charged with a broad allegation, she was imprisoned without evidence. Weeks afterward, her family received a call to retrieve 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 postnatal care.

A Worldwide Issue

Situations like these are alarmingly common in prisons around the world. Expectant mothers are often held in terrible environments and denied medical attention. Miscarriages occur, others go into labour and give birth alone in a detention cell. Tragically, infants die in custody.

"Nations assume it’s a few of women so it’s insignificant, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Incarceration is a terrible setting for women, let alone someone who is expecting," she continues. "There’s so much research that demonstrates how detrimental it is. Many prisons were constructed with men in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the creation of specific standards for the treatment of incarcerated women. These guidelines state that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women in childbirth.

However, these standards are often violated around the world. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "really critical". Family visits have been banned, and rights groups are denied access. Accounts with ex-inmates describe beatings, torture, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medical supplies.

"We has documented miscarriages and the loss of several infants … it is certain there are more," says a rights defender.

It is also reported women who were chained to medical beds during labour and delivered while observed by male officers.

Overcrowding and Its Consequences

Data lists some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by reports of babies dying from illness and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a young woman her baby died after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for laws that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. 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 offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison endure," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have implemented policies regarding pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated believe that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."