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A rights defender, while she was, was taken into custody near her residence in early 2024. Accused with a crime of "illicit association", she was held lacking proof. Three weeks later, her relatives received a call to retrieve the body of her newborn baby. The cause of death has not been investigated, and the family does not know what happened or if she obtained any postnatal care.

A Global Crisis

Cases such as this are far from uncommon within correctional systems internationally. Expectant mothers are often subjected to appalling situations and not given necessary care. Some lose their pregnancies, others go into labour and give birth by themselves in a prison cell. Tragically, some babies die in custody.

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

"Prison is not a good place for women, not to mention someone who is expecting," she explains. "Extensive research that demonstrates how detrimental it is. Numerous prisons were built with male inmates 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 incarcerated women. These rules clearly say that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of shackles on women in childbirth.

But, these rules are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Systems

In certain nations, situations for pregnant prisoners are described as "extremely dire". Family visits have been banned, and civil society are barred from entry. Accounts with ex-inmates describe assaults, torture, and being denied essential items. 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 local lawyer.

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

Severe Overpopulation and Its Consequences

Statistics lists some nations as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by reports of babies dying from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a teenager her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to instigate change. In the United States, a woman who miscarried in her cell founded an organisation. Her work has successfully advocated for laws that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures for expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of sentences 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 numerous offenses in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, destitution, violence and substance issues – are truly what we should be focusing on."