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An advocate, who was, was taken into custody near her residence in early 2024. Charged with a vague offense, she was imprisoned without evidence. Three weeks later, her relatives received a call to collect the remains of her newborn baby. The reason of death was not looked into, and the family does not know the circumstances or if she obtained any care after birth.

A Global Problem

These tragic stories are far from uncommon within correctional systems around the world. Pregnant women are often subjected to deplorable conditions and deprived of proper healthcare. Some miscarry, others begin childbirth and give birth unassisted in a detention cell. Tragically, infants perish behind bars.

"Governments assume it’s a minority of women so it’s not an issue, but that is a misconception," states a lawyer dedicated to women's incarceration.

"Prison is a harmful setting for women, especially not for someone who is expecting," she adds. "There’s so much research that demonstrates how damaging it is. Most facilities were constructed 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 handling of incarcerated women. This framework clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women during labour.

Yet, these standards are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In some countries, conditions for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and independent monitors are barred from entry. Accounts with ex-inmates reveal assaults, abuse, and being deprived of essential items. Some resort to trading sex with prison staff for food or medicine.

"We has recorded pregnancy losses and the death of four babies … it is certain there are more," reports a rights defender.

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Impact

Statistics lists some nations as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. The environment for caring for an infant back in prison are alarming, as shown by cases of infants succumbing from illness and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

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

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and people with experience contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, destitution, violence and substance issues – are truly what we should be focusing on."