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An advocate, who was, was arrested near her home in March 2024. Accused with a broad allegation, she was held without evidence. Three weeks later, her family were contacted to collect the remains of her infant child. The cause of death was not looked into, and her loved ones does not know the circumstances or whether she received any care after birth.

A Global Issue

These tragic stories are alarmingly common in detention centers around the world. Pregnant women are often kept in deplorable conditions and denied proper healthcare. Some lose their pregnancies, others deliver and give birth alone in a detention cell. Tragically, some babies die in custody.

"Countries think it’s a minority of women so it’s not an issue, but that is a misconception," states a legal advocate working on female imprisonment.

"Incarceration is not a good place for women, let alone someone who is expecting," she continues. "There’s so much research that indicates how damaging it is. Many facilities were designed with men in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the creation of international guidelines for the handling of female prisoners. These guidelines state that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women in childbirth.

But, these standards are routinely ignored around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, situations for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and independent monitors are barred from entry. Interviews with ex-inmates detail assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

"We has documented pregnancy losses and the loss of four babies … there will be more," reports a local lawyer.

It is also reported women who were shackled to hospital beds during labour and delivered while observed by male officers.

Overcrowding and Its Consequences

Data shows some countries as having the highest prison occupancy levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of infants succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a teenager lost her daughter after delivering alone in a cell. Her calls for help went unanswered for hours, and she was forced to sever the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell founded an organisation. Her work has successfully pushed for laws that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

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

• Considering alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Experts and people with experience argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, destitution, violence and drugs – are really what we should be investing in."