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An advocate, while she was, was arrested near her home in early 2024. Charged with a vague offense, she was held without evidence. Three weeks later, her relatives received a call to collect the remains of her newborn baby. The reason of death has not been investigated, and the family remains unaware the circumstances or if she received any postnatal care.

An International Problem

Cases such as this are far from uncommon in detention centers around the world. Expectant mothers are often kept in terrible environments and not given necessary care. Some lose their pregnancies, others go into labour and have their babies by themselves in a cell. Sadly, some babies die behind bars.

"Governments believe it’s a few of women so it’s insignificant, but that is incorrect," states a legal advocate working on women's incarceration.

"Prison is a harmful setting for women, not to mention someone who is expecting," she adds. "Extensive evidence that shows how harmful it is. Most prisons were built with men in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These guidelines clearly say that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also forbid the use of restraints on women in childbirth.

But, these rules are often violated globally. "This is not viewed as a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being deprived of basic supplies. Some are forced into trading sex with prison staff for nourishment or medical supplies.

"We has documented pregnancy losses and the death of several infants … it is certain there are more," says a local lawyer.

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Overcrowding and Its Effects

Statistics shows some nations as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for raising a newborn back in prison are alarming, as shown by reports of infants dying from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. 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. For example, a teenager her baby died after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies regarding pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and those who have been incarcerated believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the advocate.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, violence and drugs – are really what we should be investing in."