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A rights defender, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a vague offense, she was jailed without evidence. Three weeks later, her family received a call to collect the body of her newborn baby. The reason of death was not looked into, and her loved ones does not know what happened or if she was given any care after birth.

A Global Problem

These tragic stories are far from uncommon within correctional systems internationally. Expectant mothers are often held in terrible environments and denied necessary care. Some miscarry, others begin childbirth and have their babies alone in a detention cell. Devastatingly, infants perish in custody.

"Nations think it’s a few of women so it’s not a problem, but that’s not true," says a legal advocate working on women's incarceration.

"Detention is a terrible environment for women, not to mention someone who is pregnant," she adds. "There’s so much studies that indicates how harmful it is. Many facilities were designed with male inmates in mind, so women were an afterthought."

Ignored UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. This framework specify that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women during labour.

Yet, these rules are often violated globally. "This is not considered a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Systems

In various regions, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and civil society are denied access. Accounts with formerly incarcerated women detail beatings, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medical supplies.

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

Reports also indicate women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Impact

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

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as shown by reports of infants dying from illness and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a past prisoner 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 fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a young woman lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the advocate.

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