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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 held without evidence. Three weeks later, her relatives were contacted to collect the body of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware what happened or if she was given any care after birth.

An International Issue

Cases such as this are alarmingly common within correctional systems internationally. Pregnant women are often subjected to terrible environments and deprived of medical attention. Some miscarry, others deliver and have their babies unassisted in a detention cell. Devastatingly, infants perish behind bars.

"Countries think it’s a minority of women so it’s not an issue, but that is a misconception," states a legal advocate dedicated to female imprisonment.

"Incarceration is not a good setting for women, especially not for someone who is pregnant," she adds. "There’s so much studies that indicates how damaging it is. Many facilities were built with male inmates in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. This framework clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of shackles on women in childbirth.

However, these rules are routinely ignored around the world. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Systems

In various regions, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates reveal assaults, abuse, and being denied essential items. Some resort to trading sex with guards for nourishment or medicine.

"We has documented pregnancy losses and the loss of several infants … it is certain there are more," reports a rights defender.

It is also reported women who were chained to hospital beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Effects

Statistics lists some nations as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who miscarried in her prison cell set up an advocacy group. She has successfully advocated for legislation that prohibit shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"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 informed official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures for expectant mothers in the justice system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the expert.

"Community-based solutions that tackle the root causes of women coming into contact with the legal system – for example, destitution, abuse and substance issues – are really what we should be investing in."