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An advocate, who was, was taken into custody near her residence in March 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the body of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware the circumstances or if she was given any care after birth.

A Global Issue

These tragic stories are alarmingly common in prisons internationally. Women carrying children are often held in deplorable conditions and not given necessary care. Some miscarry, others begin childbirth and have their babies unassisted in a detention cell. Tragically, some babies perish while incarcerated.

"Nations assume it’s a small number of women so it’s not an issue, but that is incorrect," notes a legal advocate focused on female imprisonment.

"Incarceration is not a good place for women, not to mention someone who is pregnant," she adds. "Extensive evidence that indicates how harmful it is. Many facilities were designed with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the creation of specific standards for the handling of incarcerated women. These rules clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women during labour.

However, these standards are routinely ignored around the world. "This is not viewed as a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In various regions, situations for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Accounts with ex-inmates detail beatings, abuse, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

"Our organisation has recorded pregnancy losses and the death of several infants … there will be more," says a rights defender.

It is also reported women who were shackled to medical beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Effects

Data lists some nations as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely 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 prior to delivery. The environment for caring for an infant back in prison are worrying, as evidenced by reports of infants succumbing from illness and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully pushed for laws that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented measures for pregnant women in the legal system. These include:

• Considering non-custodial options for accused women who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Experts and those who have been incarcerated believe that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are really what we should be focusing on."