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A rights defender, who was, was arrested near her home in early 2024. Accused with a vague offense, she was held without evidence. Weeks afterward, her family were informed to collect the body of her newborn baby. The reason of death has not been investigated, and the family remains unaware the circumstances or if she received any care after birth.

A Worldwide Problem

Cases such as this are alarmingly common within correctional systems internationally. Expectant mothers are often subjected to terrible environments and denied proper healthcare. Some miscarry, others deliver and have their babies by themselves in a cell. Devastatingly, some babies perish in custody.

"Nations think it’s a minority of women so it’s not an issue, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Incarceration is a terrible environment for women, not to mention someone who is pregnant," she adds. "There’s so much evidence that indicates how damaging it is. Numerous facilities 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 incarcerated women. These guidelines specify that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of shackles on women in childbirth.

But, these guidelines are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In various regions, situations for expectant inmates are described as "extremely dire". Family visits have been banned, and independent monitors are barred from entry. Accounts with ex-inmates detail beatings, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with guards for nourishment or medical supplies.

"We has documented miscarriages and the death of four babies … it is certain there are more," says a rights defender.

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

Overcrowding and Its Consequences

Statistics lists some countries as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as evidenced by cases of babies succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with pregnant women. Cell 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 banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a young woman her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for laws that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced measures for expectant mothers in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and people with experience argue that, often, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are really what we should be focusing on."