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A human rights activist, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Charged with a broad allegation, she was imprisoned without evidence. Three weeks later, her family were informed to collect the remains of her newborn baby. The cause of death remains unexamined, and the family has no idea the circumstances or if she obtained any care after birth.

An International Problem

These tragic stories are not rare within correctional systems around the world. Expectant mothers are often held in terrible environments and denied proper healthcare. Miscarriages occur, others begin childbirth and have their babies unassisted in a prison cell. Sadly, some babies perish while incarcerated.

"Nations believe it’s a small number of women so it’s not a problem, but that is a misconception," states a legal advocate working on female imprisonment.

"Prison is not a good environment for women, not to mention someone who is pregnant," she adds. "Extensive research that indicates how harmful it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. These rules state that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also prohibit the use of restraints on women during labour.

Yet, these guidelines are consistently flouted around the world. "This is not viewed as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Interviews with ex-inmates detail beatings, abuse, and being denied essential items. Some resort to exchanging favors with guards for food or medicine.

"Our organisation has recorded pregnancy losses and the loss of several infants … it is certain there are more," reports a rights defender.

It is also reported women who were chained to medical beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Effects

Statistics lists some countries as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of babies succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for laws that ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later shaped 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 alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

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

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