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A human rights activist, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a vague offense, she was jailed without evidence. Weeks afterward, her relatives were informed to collect the remains of her newborn baby. The cause of death was not looked into, and the family has no idea what happened or whether she obtained any postnatal care.

An International Problem

Cases such as this are alarmingly common in prisons internationally. Women carrying children are often kept in deplorable conditions and deprived of necessary care. Some lose their pregnancies, others deliver and have their babies unassisted in a detention cell. Tragically, infants perish in custody.

"Governments assume it’s a minority of women so it’s insignificant, but that’s not true," states a legal advocate working on female imprisonment.

"Incarceration is a harmful setting for women, especially not for someone who is expecting," she adds. "Extensive research that demonstrates how harmful it is. Most facilities were built with men in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. This framework clearly say that prison should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women in childbirth.

But, these standards are often violated globally. "This is not viewed as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Systems

In various regions, conditions for expectant inmates are reported to be "really critical". Family visits have been banned, and civil society are denied access. Accounts with formerly incarcerated women detail beatings, torture, and being deprived of basic supplies. Some resort to trading sex with prison staff for food or medicine.

"We has documented pregnancy losses and the loss of several infants … there will be more," says a rights defender.

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

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these situations. "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 prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by cases of infants dying from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

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

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, poverty, abuse and drugs – are really what we should be investing in."