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An advocate, while she was, was detained near her home in March 2024. Charged with a broad allegation, she was held lacking proof. Weeks afterward, her family received a call to retrieve the body of her newborn baby. The reason of death remains unexamined, and her loved ones does not know what happened or if she obtained any care after birth.

A Global Crisis

These tragic stories are alarmingly common in prisons internationally. Women carrying children are often subjected to deplorable conditions and not given necessary care. Some miscarry, others go into labour and have their babies by themselves in a prison cell. Devastatingly, some babies die while incarcerated.

"Governments think it’s a few of women so it’s not a problem, but that is a misconception," states a lawyer working on women's incarceration.

"Incarceration is not a good setting for women, let alone someone who is expecting," she continues. "There’s so much studies that demonstrates how detrimental it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These guidelines state that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also forbid the use of restraints on women during labour.

But, these standards are consistently flouted globally. "This isn’t seen as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are reported to be "really critical". Family visits have been banned, and civil society are denied access. Interviews with ex-inmates reveal beatings, torture, and being denied essential items. Reports indicate some resort to trading sex with guards for food or medicine.

"Our organisation has recorded miscarriages and the loss of four babies … it is certain there are more," says a local lawyer.

Reports also indicate women who were chained to hospital beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Consequences

Statistics lists some nations as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of babies dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a young woman lost her daughter after giving birth alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you wish 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 go through," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced measures regarding pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Advocates and people with experience believe that, often, 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," says the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."