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An advocate, at 35 weeks pregnant, was arrested near her home in March 2024. Accused with a broad allegation, she was imprisoned without evidence. Weeks afterward, her relatives were informed to collect the body of her infant child. The cause of death remains unexamined, and her loved ones has no idea what happened or if she was given any postnatal care.

A Global Issue

These tragic stories are alarmingly common within correctional systems globally. Pregnant women are often subjected to appalling situations and deprived of proper healthcare. Miscarriages occur, others deliver and have their babies by themselves in a prison cell. Tragically, infants perish behind bars.

"Countries assume it’s a few of women so it’s insignificant, but that’s not true," says a lawyer focused on women's incarceration.

"Incarceration is a harmful setting for women, let alone someone who is pregnant," she explains. "There’s so much research that indicates how damaging it is. Numerous prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. This framework clearly say that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women while giving birth.

But, these standards are routinely ignored around the world. "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."

Critical Conditions in Packed Systems

In some countries, conditions for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal assaults, torture, and being denied basic supplies. Some are forced into exchanging favors with guards for nourishment or medical supplies.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," reports a rights defender.

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

Overcrowding and Its Effects

Data lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are alarming, as shown by reports of infants succumbing from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a cell with pregnant women. Doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. 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 isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, guards shackled her legs to the hospital 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. What I experienced should not have occurred, but this is what women in prison go through," she says. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented policies regarding expectant mothers in the legal system. These include:

• Considering non-custodial options for accused women who are mothers, expecting, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the expert.

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