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An advocate, while she was, was arrested near her residence in March 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her family received a call to collect the body of her infant child. The cause of death remains unexamined, and her loved ones has no idea what happened or if she obtained any postnatal care.

A Worldwide Problem

Cases such as this are alarmingly common in detention centers around the world. Pregnant women are often held in appalling situations and not given medical attention. Some miscarry, others begin childbirth and have their babies unassisted in a cell. Devastatingly, some babies die while incarcerated.

"Governments think it’s a minority of women so it’s not an issue, but that is incorrect," notes a legal advocate working on female imprisonment.

"Detention is a terrible setting for women, not to mention someone who is expecting," she continues. "There’s so much studies that indicates how detrimental it is. Numerous facilities were built with men in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of female prisoners. These guidelines specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also ban the use of shackles on women in childbirth.

Yet, these guidelines are routinely ignored around the world. "This is not viewed as a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, situations for expectant inmates are reported to be "really critical". Family visits have been banned, and rights groups are barred from entry. Accounts with ex-inmates describe assaults, abuse, and being deprived of essential items. Some resort to exchanging favors with guards for nourishment or medical supplies.

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

It is also reported women who were chained to hospital beds during labour and gave birth while observed by male officers.

Severe Overpopulation and Its Effects

Data lists some nations as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as shown by cases of babies succumbing from pneumonia and malnourishment in custody.

Stories from Different Continents

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a young woman her baby died after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell set up an organisation. She has successfully pushed for laws that ban shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures for pregnant women in the legal system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

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

"Community-based solutions that tackle the root causes of women entering the legal system – for example, poverty, abuse and drugs – are really what we should be investing in."