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An advocate, at 35 weeks pregnant, was arrested near her residence in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family received a call to retrieve the body of her infant child. The cause of death was not looked into, and her loved ones has no idea what happened or whether she obtained any postnatal care.

An International Crisis

These tragic stories are far from uncommon in detention centers around the world. Women carrying children are often held in appalling situations and denied proper healthcare. Miscarriages occur, others go into labour and give birth by themselves in a prison cell. Devastatingly, infants perish while incarcerated.

"Countries believe it’s a few of women so it’s insignificant, but that is a misconception," says a lawyer working on female imprisonment.

"Incarceration is not a good environment for women, let alone someone who is expecting," she adds. "There’s so much evidence that shows how detrimental it is. Numerous prisons were designed with male inmates in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women during labour.

But, these standards are often violated around the world. "This is not considered a global priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Packed Systems

In some countries, conditions for expectant inmates are reported to be "exceptionally severe". Family visits have been prohibited, and independent monitors are denied access. Interviews with ex-inmates reveal assaults, abuse, and being denied basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

"We has documented miscarriages and the loss of several infants … there will be more," says a local lawyer.

Accounts also tell of women who were shackled to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Consequences

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

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are worrying, as shown by cases of babies dying from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a teenager her baby died after delivering unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for legislation that prohibit restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. 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 wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced measures for expectant mothers in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, especially for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and people with experience contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the advocate.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, violence and drugs – are really what we should be focusing on."