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An advocate, while she was, was taken into custody near her residence in early 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her family received a call to collect the body of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware what happened or whether she obtained any care after birth.

An International Crisis

These tragic stories are alarmingly common in prisons internationally. Women carrying children are often kept in deplorable conditions and not given proper healthcare. Some lose their pregnancies, others go into labour and give birth unassisted in a cell. Devastatingly, some babies die in custody.

"Governments think it’s a minority of women so it’s not a problem, but that is a misconception," says a legal advocate working on women's incarceration.

"Incarceration is a harmful environment for women, let alone someone who is pregnant," she continues. "Extensive studies that demonstrates how detrimental it is. Most facilities were designed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the creation of specific standards for the handling of incarcerated women. These guidelines specify that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of shackles on women while giving birth.

Yet, these rules are routinely ignored 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."

Critical Conditions in Packed Prisons

In various regions, situations for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and rights groups are denied access. Interviews with ex-inmates describe beatings, torture, and being denied basic supplies. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

"Our organisation has documented pregnancy losses and the death of four babies … it is certain there are more," says a rights defender.

Accounts also tell of women who were chained to hospital beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Data shows some countries as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as shown by cases of babies dying from illness and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Doors were secured overnight. When someone started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for an extended period, and she was forced to bite through the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences 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 ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards chained her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

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

• Considering non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of prison terms for pregnant women.

Experts and people with experience contend that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are really what we should be investing in."