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A human rights activist, who was, was arrested near her residence in early 2024. Charged with a broad allegation, she was jailed without evidence. Three weeks later, her relatives were informed to collect the body of her infant child. The reason of death has not been investigated, and the family does not know the circumstances or if she was given any care after birth.

A Global Problem

Cases such as this are far from uncommon within correctional systems globally. Pregnant women are often held in appalling situations and deprived of necessary care. Miscarriages occur, others deliver and have their babies alone in a prison cell. Devastatingly, infants perish behind bars.

"Governments assume it’s a minority of women so it’s not an issue, but that’s not true," notes a lawyer working on female imprisonment.

"Detention is a harmful place for women, let alone someone who is expecting," she adds. "There’s so much research that demonstrates how damaging it is. Most prisons were built with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. This framework clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of restraints on women in childbirth.

But, these guidelines are routinely ignored globally. "This isn’t seen as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Prisons

In some countries, conditions for pregnant prisoners are reported to be "really critical". Family visits have been banned, and rights groups are denied access. Interviews with formerly incarcerated women reveal assaults, abuse, and being denied basic supplies. Some are forced into trading sex with guards for food or medicine.

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

Accounts also tell of women who were shackled to hospital beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Consequences

Data lists some countries as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by cases of babies dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Doors were secured overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a teenager lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully pushed for legislation that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies regarding expectant mothers in the justice system. These include:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held before trial, especially for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Experts and those who have been incarcerated contend that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, poverty, abuse and drugs – are truly what we should be investing in."