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An advocate, who was, was arrested near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her relatives received a call to retrieve the remains of her infant child. The cause of death has not been investigated, and the family does not know what happened or if she obtained any postnatal care.

A Worldwide Crisis

These tragic stories are not rare within correctional systems globally. Expectant mothers are often subjected to terrible environments and denied necessary care. Some miscarry, others begin childbirth and have their babies by themselves in a cell. Sadly, infants die while incarcerated.

"Countries think it’s a few of women so it’s not a problem, but that is incorrect," says a lawyer dedicated to female imprisonment.

"Prison is a terrible place for women, especially not for someone who is expecting," she adds. "Extensive research that shows how harmful it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the creation of the UN's Bangkok Rules for the handling of female prisoners. These rules clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women while giving birth.

However, these guidelines are often violated globally. "This is not considered a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Systems

In certain nations, situations for expectant inmates are described as "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

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

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

Overcrowding and Its Effects

Statistics shows some nations as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these situations. "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."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of babies succumbing from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a teenager lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish 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 says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have implemented measures for expectant mothers in the legal system. Among them are:

• Considering non-custodial options for accused women who are mothers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, abuse and drugs – are truly what we should be investing in."