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An advocate, who was, was taken into custody near her residence in early 2024. Accused with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives were contacted to retrieve the remains of her newborn baby. The cause of death was not looked into, and the family has no idea what happened or if she was given any care after birth.

An International Issue

Situations like these are far from uncommon in detention centers internationally. Pregnant women are often kept in terrible environments and not given proper healthcare. Some lose their pregnancies, others begin childbirth and give birth unassisted in a cell. Devastatingly, infants perish in custody.

"Nations believe it’s a minority of women so it’s not a problem, but that’s not true," notes a legal advocate dedicated to women's incarceration.

"Prison is not a good environment for women, let alone someone who is pregnant," she explains. "There’s so much evidence that shows how harmful it is. Numerous facilities were built with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. This framework state that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also ban the use of restraints on women during labour.

However, these guidelines are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Prisons

In some countries, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women describe beatings, torture, and being denied essential items. Some are forced into exchanging favors with guards for food or medicine.

"We has documented miscarriages and the death of several infants … there will be more," reports a rights defender.

It is also reported women who were chained to hospital beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Impact

Statistics lists some nations as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent 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 shown by reports of babies succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a young woman her baby died after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully advocated for legislation that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented policies for pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

"Community-based solutions that tackle the root causes of women coming into contact with the legal system – for example, destitution, abuse and drugs – are really what we should be investing in."