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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her family were contacted to retrieve the remains of her newborn baby. The cause of death remains unexamined, and her loved ones does not know the circumstances or whether she was given any postnatal care.

A Global Problem

These tragic stories are far from uncommon within correctional systems around the world. Women carrying children are often kept in appalling situations and deprived of necessary care. Some miscarry, others go into labour and give birth alone in a detention cell. Tragically, infants perish behind bars.

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

"Incarceration is a harmful setting for women, especially not for someone who is pregnant," she continues. "Extensive research that demonstrates how damaging it is. Most facilities were designed with male inmates in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These rules clearly say 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 shackles on women in childbirth.

But, these rules are often violated globally. "This is not considered a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Prisons

In various regions, situations for expectant inmates are reported to be "really critical". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with ex-inmates describe assaults, abuse, and being denied essential items. Some are forced into exchanging favors with guards for nourishment or medicine.

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

It is also reported women who were chained to hospital beds during labour and delivered while watched by male officers.

Overcrowding and Its Impact

Data lists some countries as having the most severe overcrowding levels in the world. Women are especially at risk to these situations. "There is seldom 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 hospital beds before giving birth. Conditions for caring for an infant back in prison are alarming, as shown by cases of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Cell doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for laws that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested 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 not have occurred, but this is what women in prison go through," she says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies regarding pregnant women in the legal system. Among them are:

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

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

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, violence and drugs – are truly what we should be focusing on."