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An advocate, while she was, was detained near her home in March 2024. Charged with a vague offense, she was imprisoned without evidence. Three weeks later, her family received a call to retrieve the remains of her newborn baby. The cause of death has not been investigated, and her loved ones does not know what happened or if she was given any care after birth.

A Worldwide Crisis

These tragic stories are alarmingly common in prisons around the world. Expectant mothers are often kept in terrible environments and denied proper healthcare. Some miscarry, others deliver and have their babies by themselves in a detention cell. Tragically, some babies perish while incarcerated.

"Governments believe it’s a minority of women so it’s not an issue, but that’s not true," states a lawyer working on female imprisonment.

"Detention is not a good place for women, especially not for someone who is expecting," she continues. "There’s so much studies that demonstrates how detrimental it is. Many facilities were constructed with male inmates in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines specify that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they ban the use of restraints on women in childbirth.

But, these standards are routinely ignored globally. "This is not viewed as a global gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Systems

In some countries, conditions for expectant inmates are reported to be "extremely dire". Family visits have been banned, and rights groups are denied access. Accounts with ex-inmates describe beatings, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with guards for food or medicine.

"Our organisation has documented miscarriages and the loss of four babies … there will be more," reports a local lawyer.

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

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe overcrowding levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of infants succumbing from illness and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with pregnant women. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her cell set up an advocacy group. Her work has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. 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 sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated believe 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 beginning," argues the advocate.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, destitution, violence and substance issues – are truly what we should be investing in."