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A rights defender, while she was, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her relatives were contacted to collect the body of her newborn baby. The reason of death has not been investigated, and her loved ones remains unaware the circumstances or if she was given any postnatal care.

An International Crisis

Cases such as this are alarmingly common in detention centers around the world. Expectant mothers are often kept in deplorable conditions and deprived of proper healthcare. Miscarriages occur, others go into labour and have their babies alone in a detention cell. Devastatingly, some babies perish while incarcerated.

"Nations think it’s a few of women so it’s not a problem, but that is incorrect," says a legal advocate focused on women's incarceration.

"Prison is a harmful environment for women, let alone someone who is expecting," she continues. "Extensive research that indicates how damaging it is. Most prisons were designed with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. This framework specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women in childbirth.

However, these rules are routinely ignored around the world. "This is not considered a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Packed Systems

In certain nations, situations for expectant inmates are reported to be "extremely dire". Family visits have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women reveal assaults, abuse, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the loss of four babies … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to hospital beds during labour and gave birth while observed by male officers.

Overcrowding and Its Effects

Statistics lists some nations as having the most severe prison occupancy levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a young woman lost her daughter after giving birth alone in a cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell set up an organisation. Her work has successfully pushed for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

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

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the expert.

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