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An advocate, who was, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her relatives were contacted to collect the remains of her newborn baby. The cause of death remains unexamined, and the family remains unaware the circumstances or whether she received any postnatal care.

An International Problem

Cases such as this are far from uncommon in prisons around the world. Expectant mothers are often subjected to terrible environments and not given necessary care. Some miscarry, others go into labour and have their babies by themselves in a prison cell. Sadly, some babies perish behind bars.

"Nations assume it’s a small number of women so it’s insignificant, but that’s not true," says a lawyer focused on female imprisonment.

"Detention is a harmful place for women, especially not for someone who is expecting," she explains. "There’s so much studies that indicates how harmful it is. Many prisons were built with men in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. These rules specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women in childbirth.

But, these rules are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Systems

In various regions, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women detail beatings, abuse, and being deprived of basic supplies. Some are forced into exchanging favors with guards for nourishment or medical supplies.

"We has recorded pregnancy losses and the loss of four babies … it is certain there are more," says a rights defender.

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

Overcrowding and Its Consequences

Statistics 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 lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of infants succumbing from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a teenager her baby died after giving birth unassisted in a cell. Her calls for help went unanswered for hours, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly 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 inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and people with experience argue that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

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