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An advocate, while she was, was arrested near her residence in early 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her relatives received a call to collect the remains of her newborn baby. The reason of death was not looked into, and the family remains unaware the circumstances or whether she obtained any postnatal care.

An International Issue

These tragic stories are not rare in prisons around the world. Women carrying children are often kept in terrible environments and not given medical attention. Some lose their pregnancies, others go into labour and give birth by themselves in a detention cell. Tragically, infants die while incarcerated.

"Countries think it’s a minority of women so it’s not a problem, but that is incorrect," states a lawyer focused on women's incarceration.

"Detention is a terrible environment for women, not to mention someone who is pregnant," she continues. "There’s so much research that demonstrates how damaging it is. Many prisons were designed with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines specify that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

However, these rules are often violated globally. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Systems

In various regions, conditions for expectant inmates are reported to be "really critical". Contact with relatives have been banned, and rights groups are denied access. Accounts with formerly incarcerated women reveal beatings, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medical supplies.

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

Reports also indicate women who were chained to medical beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds before giving birth. The environment for caring for an infant back in prison are worrying, as evidenced by reports of babies dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a teenager her baby died after delivering alone in a cell. Her calls for help went unanswered for hours, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully pushed for legislation that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, officers chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Considering non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Advocates and people with experience contend that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the expert.

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