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An advocate, while she was, was arrested near her home in early 2024. Accused with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives received a call to retrieve the body of her newborn baby. The cause of death was not looked into, and the family remains unaware what happened or whether she received any care after birth.

A Worldwide Crisis

These tragic stories are alarmingly common in prisons globally. Expectant mothers are often kept in appalling situations and deprived of proper healthcare. Some lose their pregnancies, others go into labour and have their babies unassisted in a prison cell. Tragically, some babies die in custody.

"Nations think it’s a small number of women so it’s not an issue, but that’s not true," notes a lawyer dedicated to women's incarceration.

"Prison is a terrible environment for women, especially not for someone who is expecting," she adds. "Extensive studies that indicates how damaging it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women during labour.

Yet, these rules are routinely ignored globally. "This isn’t seen as a global gender-equality priority," says the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Systems

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and rights groups are denied access. Interviews with formerly incarcerated women detail assaults, abuse, and being denied basic supplies. Some are forced into exchanging favors with guards for nourishment or medicine.

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

Accounts also tell of women who were chained to medical beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Effects

Statistics shows some nations as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a detention block with expectant mothers. 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 asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"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 official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies for expectant mothers in the legal system. These include:

• Considering non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the advocate.

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