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A rights defender, who was, was arrested near her residence in early 2024. Accused with a vague offense, she was held without evidence. Three weeks later, her family were informed to retrieve the body of her newborn baby. The cause of death was not looked into, and her loved ones does not know what happened or whether she received any care after birth.

An International Crisis

These tragic stories are not rare in prisons globally. Expectant mothers are often kept in appalling situations and denied proper healthcare. Some lose their pregnancies, others begin childbirth and have their babies alone in a detention cell. Devastatingly, some babies die behind bars.

"Nations think it’s a small number of women so it’s not an issue, but that is incorrect," states a legal advocate dedicated to female imprisonment.

"Prison is not a good setting for women, let alone someone who is expecting," she continues. "There’s so much evidence that demonstrates how harmful it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the creation of specific standards for the handling of incarcerated women. These rules specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women while giving birth.

Yet, these rules are often violated around the world. "This isn’t seen as a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In certain nations, situations for expectant inmates are described as "really critical". Contact with relatives have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women describe assaults, abuse, and being denied essential items. Some resort to exchanging favors with guards for nourishment or medicine.

"We has recorded 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 shackled to hospital beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Effects

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

Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as evidenced by reports of babies dying from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Cell doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager her baby died after giving birth alone in a prison cell. Her calls for help went unanswered for hours, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. 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 discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Doctors 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?" was the response.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures regarding pregnant women in the legal system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held before trial, especially for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and people with experience believe that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the expert.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, abuse and substance issues – are really what we should be investing in."