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A rights defender, who was, was taken into custody near her home in March 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her family were contacted to retrieve the remains of her newborn baby. The cause of death was not looked into, and the family remains unaware the circumstances or whether she was given any care after birth.

A Global Problem

These tragic stories are alarmingly common in prisons internationally. Expectant mothers are often kept in terrible environments and deprived of proper healthcare. Some lose their pregnancies, others go into labour and give birth alone in a cell. Sadly, some babies perish while incarcerated.

"Countries think it’s a few of women so it’s insignificant, but that is incorrect," says a lawyer working on women's incarceration.

"Detention is not a good place for women, not to mention someone who is pregnant," she continues. "There’s so much research that indicates how harmful it is. Most prisons were built with men in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the establishment of international guidelines for the treatment of incarcerated women. This framework specify that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also prohibit the use of restraints on women in childbirth.

However, these standards are consistently flouted globally. "This isn’t seen as a worldwide gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Accounts with formerly incarcerated women reveal beatings, abuse, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for food or medicine.

"We has recorded miscarriages and the loss of four babies … there will be more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Effects

Statistics lists some nations as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of babies dying from illness and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a young woman her baby died after delivering alone in a cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

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

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

Advocates and those who have been incarcerated believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."