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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 without evidence. Weeks afterward, her relatives were informed to retrieve the remains of her newborn baby. The cause of death was not looked into, and her loved ones remains unaware what happened or if she was given any postnatal care.

An International Crisis

Cases such as this are alarmingly common within correctional systems internationally. Pregnant women are often kept in deplorable conditions and denied medical attention. Miscarriages occur, others go into labour and give birth by themselves in a detention cell. Tragically, infants die behind bars.

"Nations think it’s a few of women so it’s insignificant, but that’s not true," says a legal advocate focused on women's incarceration.

"Prison is a terrible environment for women, especially not for someone who is pregnant," she adds. "There’s so much research that indicates how detrimental it is. Many prisons were constructed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women during labour.

But, these guidelines are consistently flouted globally. "This is not viewed as a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Systems

In some countries, conditions for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women reveal assaults, abuse, and being denied essential items. Some are forced into trading sex with guards for food or medicine.

"We has documented pregnancy losses and the loss of several infants … it is certain there are more," says a local lawyer.

Reports also indicate women who were shackled to medical beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Effects

Data shows some nations as having the highest overcrowding levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by cases of infants succumbing from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were forced 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!’"

Such events occur in more developed nations. In one case, a teenager lost her daughter after giving birth unassisted in a prison cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for laws that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• 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 expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and people with experience contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and drugs – are truly what we should be focusing on."