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A human rights activist, while she was, was detained near her home in early 2024. Charged with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her relatives were contacted to collect the body of her newborn baby. The cause of death has not been investigated, and the family has no idea the circumstances or if she received any care after birth.

A Worldwide Issue

These tragic stories are not rare in detention centers globally. Expectant mothers are often subjected to deplorable conditions and denied proper healthcare. Miscarriages occur, others begin childbirth and have their babies unassisted in a cell. Tragically, infants perish while incarcerated.

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

"Incarceration is not a good setting for women, not to mention someone who is expecting," she adds. "Extensive research that indicates how damaging it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. This framework state that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women during labour.

Yet, these guidelines are routinely ignored globally. "This is not considered a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with ex-inmates describe beatings, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

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

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Impact

Statistics shows some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds before giving birth. The environment for raising a newborn back in prison are alarming, as shown by cases of infants 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 locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her calls for help were ignored for an extended period, and she was forced to bite through the 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 lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for legislation that ban restraints and isolation 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, guards chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced measures regarding expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the expert.

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