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A rights defender, while she was, was arrested near her home in March 2024. Accused with a vague offense, she was jailed lacking proof. Weeks afterward, her relatives were informed to collect the remains of her newborn baby. The reason of death was not looked into, and the family has no idea the circumstances or if she obtained any care after birth.

A Global Issue

Situations like these are alarmingly common in prisons internationally. Pregnant women are often subjected to appalling situations and not given proper healthcare. Some lose their pregnancies, others go into labour and have their babies alone in a detention cell. Tragically, infants perish behind bars.

"Governments assume it’s a small number of women so it’s not an issue, but that’s not true," notes a legal advocate working on female imprisonment.

"Incarceration is a harmful place for women, especially not for someone who is pregnant," she continues. "Extensive research that demonstrates how detrimental it is. Most facilities 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 state that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women while giving birth.

But, these standards are routinely ignored globally. "This is not considered a worldwide priority for women's rights," says the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Prisons

In some countries, situations for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and civil society are denied access. Accounts with ex-inmates describe assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

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

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

Overcrowding and Its Effects

Statistics shows some countries as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," 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 evidenced by cases of babies succumbing from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured 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 hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced 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 informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies for expectant mothers in the legal system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Experts and people with experience believe that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the advocate.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and drugs – are really what we should be focusing on."