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An advocate, while she was, was arrested near her home in early 2024. Accused with a vague offense, she was jailed without evidence. Weeks afterward, her relatives were informed to collect the body of her newborn baby. The cause of death remains unexamined, and the family has no idea the circumstances or if she received any postnatal care.

An International Issue

Cases such as this are alarmingly common in prisons around the world. Expectant mothers are often held in deplorable conditions and deprived of necessary care. Miscarriages occur, others go into labour and have their babies by themselves in a detention cell. Tragically, some babies perish while incarcerated.

"Governments believe it’s a minority of women so it’s not a problem, but that is a misconception," notes a legal advocate focused on female imprisonment.

"Detention is not a good place for women, let alone someone who is expecting," she continues. "There’s so much research that indicates how harmful it is. Numerous facilities were designed with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines clearly say 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 rules are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Systems

In certain nations, conditions for expectant inmates are described as "extremely dire". Family visits have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women reveal beatings, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of four babies … there will be more," says a local lawyer.

It is also reported women who were shackled to hospital beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Consequences

Data shows some nations as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as evidenced by reports of babies dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman lost her daughter after delivering alone in a cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

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

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

Advocates and those who have been incarcerated contend that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the expert.

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, destitution, violence and drugs – are truly what we should be investing in."