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An advocate, while she was, was taken into custody near her home in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the body of her infant child. The cause of death has not been investigated, and her loved ones remains unaware the circumstances or whether she received any postnatal care.

A Worldwide Crisis

Cases such as this are far from uncommon in prisons around the world. Expectant mothers are often held in deplorable conditions and denied medical attention. Miscarriages occur, others begin childbirth and give birth unassisted in a detention cell. Devastatingly, infants perish behind bars.

"Countries think it’s a few of women so it’s insignificant, but that’s not true," notes a legal advocate focused on female imprisonment.

"Detention is a terrible setting for women, especially not for someone who is expecting," she continues. "There’s so much research that demonstrates how harmful it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These rules state that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women during labour.

But, these standards are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In some countries, conditions for expectant inmates are described as "extremely dire". Family visits have been prohibited, and independent monitors are denied access. Accounts with ex-inmates reveal assaults, abuse, and being deprived of essential items. Some are forced into exchanging favors with prison staff for food or medicine.

"We has recorded pregnancy losses and the loss of four babies … it is certain there are more," reports a rights defender.

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

Overcrowding and Its Consequences

Statistics shows some countries as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by reports of babies succumbing from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a young woman her baby died after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures for pregnant women in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held before trial, especially for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Experts and people with experience believe that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," argues the advocate.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, destitution, abuse and drugs – are really what we should be investing in."