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An advocate, who was, was arrested near her home in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were contacted to collect the body of her newborn baby. The cause of death has not been investigated, and her loved ones remains unaware the circumstances or whether she was given any care after birth.

A Worldwide Problem

Situations like these are far from uncommon in detention centers globally. Expectant mothers are often subjected to deplorable conditions and not given proper healthcare. Some lose their pregnancies, others begin childbirth and have their babies alone in a detention cell. Tragically, infants die in custody.

"Nations assume it’s a minority of women so it’s insignificant, but that’s not true," says a legal advocate working on female imprisonment.

"Incarceration is a harmful place for women, especially not for someone who is expecting," she continues. "Extensive evidence that indicates how detrimental it is. Numerous facilities were designed with men in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. This framework state that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of restraints on women while giving birth.

Yet, these guidelines are routinely ignored globally. "This is not viewed as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and independent monitors are denied access. Interviews with ex-inmates describe beatings, torture, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

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

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Impact

Statistics lists some nations as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and malnourishment in custody.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a teenager lost her daughter after giving birth alone in a cell. Her calls for help went unanswered for hours, and she was forced to sever the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her cell founded an organisation. Her work has successfully pushed for legislation that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" 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. Her experiences later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies for expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

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