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A rights defender, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was jailed lacking proof. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The cause of death remains unexamined, and the family remains unaware the circumstances or if she received any postnatal care.

A Global Issue

Situations like these are not rare in prisons around the world. Women carrying children are often kept in deplorable conditions and denied proper healthcare. Miscarriages occur, others go into labour and give birth alone in a detention cell. Devastatingly, some babies perish in custody.

"Nations believe it’s a small number of women so it’s not a problem, but that is incorrect," says a lawyer dedicated to women's incarceration.

"Incarceration is not a good setting for women, not to mention someone who is pregnant," she explains. "There’s so much evidence that demonstrates how harmful it is. Numerous prisons were constructed with men in mind, so women were an afterthought."

Ignored Global Standards

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

Yet, these guidelines are routinely ignored around the world. "This is not considered a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Systems

In some countries, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and rights groups are denied access. Interviews with ex-inmates describe beatings, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medicine.

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

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

Severe Overpopulation and Its Consequences

Statistics lists some countries as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant back in prison are alarming, as evidenced by cases of babies succumbing from illness and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. When someone 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 floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager lost her daughter after giving birth alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully pushed for legislation that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced policies regarding expectant mothers in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

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

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