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An advocate, who was, was taken into custody near her residence in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were contacted to retrieve the body of her infant child. The reason of death has not been investigated, and her loved ones remains unaware what happened or if she was given any postnatal care.

A Worldwide Crisis

Situations like these are far from uncommon in detention centers globally. Expectant mothers are often subjected to deplorable conditions and not given necessary care. Some miscarry, others begin childbirth and have their babies alone in a prison cell. Tragically, infants die while incarcerated.

"Nations think it’s a few of women so it’s not an issue, but that’s not true," says a legal advocate working on female imprisonment.

"Detention is not a good place for women, let alone someone who is pregnant," she continues. "Extensive studies that indicates how detrimental it is. Numerous prisons were built with male inmates in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These rules state that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also forbid the use of shackles on women during labour.

However, these rules are consistently flouted globally. "This is not viewed as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Prisons

In various regions, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates describe assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

"Our organisation has recorded pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds during labour and delivered while observed by male officers.

Overcrowding and Its Effects

Data shows some countries as having the highest overcrowding levels in the world. 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."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by cases of infants dying from pneumonia and severe malnutrition in custody.

Stories from Different Continents

In one African country, a former inmate recalls being in a detention block with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully advocated for laws that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

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

Alternatives and Solutions

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

• Considering non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated argue that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are truly what we should be focusing on."