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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the remains of her newborn baby. The cause of death remains unexamined, and the family does not know the circumstances or if she received any care after birth.

An International Problem

Situations like these are not rare within correctional systems internationally. Pregnant women are often held in appalling situations and denied proper healthcare. Some miscarry, others begin childbirth and give birth alone in a prison cell. Sadly, infants perish behind bars.

"Governments believe it’s a few of women so it’s not an issue, but that is incorrect," says a lawyer dedicated to women's incarceration.

"Detention is a harmful environment for women, let alone someone who is pregnant," she continues. "Extensive evidence that demonstrates how damaging it is. Numerous prisons were designed with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of incarcerated women. These rules state that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of restraints on women while giving birth.

But, these guidelines are often violated around the world. "This is not considered a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Prisons

In some countries, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women reveal assaults, torture, and being deprived of essential items. Some resort to trading sex with prison staff for nourishment or medical supplies.

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

Reports also indicate women who were shackled to medical beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe 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 is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as evidenced by cases of infants dying from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a cell with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager her baby died after delivering alone in a prison cell. Her calls for help were ignored for hours, and she was forced to sever the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully pushed for laws that prohibit restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced policies for expectant mothers in the legal system. These include:

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

Experts and those who have been incarcerated contend that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

"Alternatives in the community that address the root causes of women entering the legal system – for example, destitution, abuse and drugs – are really what we should be focusing on."