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An advocate, while she was, was detained near her home in early 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her family received a call to collect the remains of her newborn baby. The cause of death was not looked into, and her loved ones does not know what happened or whether she received any postnatal care.

An International Problem

Cases such as this are alarmingly common in prisons globally. Women carrying children are often kept in terrible environments and deprived of necessary care. Some lose their pregnancies, others deliver and have their babies unassisted in a prison cell. Tragically, infants perish while incarcerated.

"Nations believe it’s a few of women so it’s not a problem, but that is a misconception," notes a legal advocate working on female imprisonment.

"Detention is a terrible setting for women, not to mention someone who is expecting," she continues. "Extensive studies that demonstrates how harmful it is. Numerous prisons were designed with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. These rules state that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women while giving birth.

But, these rules are often violated globally. "This is not considered a worldwide priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Prisons

In certain nations, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and civil society are denied access. Interviews with ex-inmates detail assaults, torture, and being deprived of basic supplies. Some are forced into exchanging favors with prison staff for food or medicine.

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

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Impact

Data lists some countries as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of infants succumbing from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a young woman her baby died after delivering alone in a cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell set up an advocacy group. Her work has successfully advocated for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

A separate account 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 offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced 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 introduced policies for expectant mothers in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the expert.

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