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An advocate, while she was, was arrested near her residence in early 2024. Accused with a vague offense, she was held without evidence. Weeks afterward, her family received a call to collect the body of her newborn baby. The cause of death was not looked into, and the family does not know what happened or whether she received any postnatal care.

A Worldwide Crisis

These tragic stories are alarmingly common in prisons internationally. Women carrying children are often held in appalling situations and not given proper healthcare. Some miscarry, others deliver and have their babies alone in a detention cell. Devastatingly, some babies die in custody.

"Governments assume it’s a small number of women so it’s insignificant, but that is incorrect," states a legal advocate working on female imprisonment.

"Incarceration is a terrible setting for women, not to mention someone who is expecting," she adds. "There’s so much research that shows how damaging it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. These guidelines state that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of shackles on women while giving birth.

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

Dire Situations in Packed Systems

In various regions, conditions for expectant inmates are described as "extremely dire". Family visits have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women detail beatings, abuse, and being deprived of basic supplies. Some resort to exchanging favors with guards for food or medical supplies.

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

It is also reported women who were shackled to medical beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics shows some nations as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn upon return in prison are alarming, as shown by cases of infants dying from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a teenager lost her daughter after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was had to bite through 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 lost her pregnancy in her cell set up an organisation. Her work has successfully pushed for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, guards 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 prisoner?" was the response.

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

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the legal system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that address the root causes of women coming into contact with the legal system – for example, destitution, abuse and drugs – are truly what we should be focusing on."