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A rights defender, while she was, was arrested near her home in early 2024. Accused with a vague offense, she was imprisoned without evidence. Three weeks later, her relatives received a call to collect the remains of her newborn baby. The reason of death has not been investigated, and her loved ones does not know what happened or if she was given any care after birth.

A Global Crisis

Cases such as this are not rare in detention centers around the world. Expectant mothers are often subjected to terrible environments and denied medical attention. Some miscarry, others deliver and give birth alone in a detention cell. Tragically, some babies die while incarcerated.

"Countries believe it’s a few of women so it’s not an issue, but that is a misconception," notes a legal advocate dedicated to women's incarceration.

"Detention is a terrible setting for women, especially not for someone who is pregnant," she adds. "There’s so much studies that indicates how damaging it is. Many prisons were designed with men in mind, so women were an secondary consideration."

Violated International Guidelines

It has been 15 years since the adoption of the UN's Bangkok Rules for the treatment of incarcerated women. This framework state that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also ban the use of restraints on women during labour.

But, these standards are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In some countries, conditions for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women describe beatings, abuse, and being denied essential items. Reports indicate some are forced into trading sex with guards for food or medicine.

"We has recorded miscarriages and the death of four babies … there will be more," says a rights defender.

Accounts also tell of women who were chained to hospital beds during labour and gave birth while observed by male officers.

Overcrowding and Its Impact

Data shows some nations as having the highest prison occupancy levels in the world. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by cases of babies succumbing from illness and malnourishment in custody.

Stories from Different Continents

In Zambia, a former inmate remembers being in a cell with expectant mothers. 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 asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a teenager lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully pushed for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers shackled her legs to the bed. Doctors performed a caesarean 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 obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies regarding expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held before trial, especially for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "I question 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, poverty, abuse and drugs – are really what we should be focusing on."