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An advocate, while she was, was arrested near her home in early 2024. Charged with a broad allegation, she was held lacking proof. Three weeks later, her relatives were informed to retrieve the body of her newborn baby. The cause of death remains unexamined, and the family remains unaware the circumstances or whether she obtained any care after birth.

A Global Problem

Cases such as this are not rare within correctional systems around the world. Expectant mothers are often held in terrible environments and deprived of medical attention. Some lose their pregnancies, others deliver and give birth alone in a cell. Devastatingly, some babies die while incarcerated.

"Nations believe it’s a minority of women so it’s insignificant, but that is incorrect," notes a legal advocate dedicated to women's incarceration.

"Incarceration is not a good place for women, not to mention someone who is pregnant," she continues. "Extensive studies that shows how detrimental it is. Many facilities were built with male inmates in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. This framework clearly say that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they forbid the use of restraints on women during labour.

But, these standards are often violated globally. "This is not considered a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Dire Situations in Packed Systems

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with ex-inmates reveal beatings, torture, and being denied basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medicine.

"Our organisation has documented pregnancy losses and the death of four babies … it is certain there are more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while watched by male prison guards.

Overcrowding and Its Impact

Data lists some countries as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as shown by reports of infants succumbing from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In one African country, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

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

A separate account comes from South America. A woman learned of her pregnancy after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies regarding expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and people with experience argue that, in most cases, 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.

"Alternatives in the community that address the root causes of women entering the legal system – for example, destitution, violence and drugs – are really what we should be investing in."