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A human rights activist, while she was, was arrested near her home in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family were informed to retrieve the remains of her infant child. The cause of death was not looked into, and the family remains unaware the circumstances or whether she received any care after birth.

An International Crisis

These tragic stories are alarmingly common within correctional systems internationally. Expectant mothers are often kept in terrible environments and deprived of medical attention. Some lose their pregnancies, others deliver and have their babies unassisted in a prison cell. Tragically, infants perish while incarcerated.

"Nations think it’s a small number of women so it’s not an issue, but that is a misconception," says a legal advocate dedicated to women's incarceration.

"Prison is not a good environment for women, especially not for someone who is expecting," she explains. "There’s so much research that demonstrates how detrimental it is. Numerous prisons were constructed with male inmates in mind, so women were an afterthought."

Flouted UN Rules

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

However, these standards are routinely ignored around the world. "This is not viewed as a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Dire Situations in Packed Prisons

In some countries, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with ex-inmates reveal assaults, abuse, and being deprived of basic supplies. Reports indicate some are forced into trading sex with guards for nourishment or medical supplies.

"We has recorded pregnancy losses and the loss of several infants … there will be more," says a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Impact

Data lists some countries as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of babies dying from illness and malnourishment in custody.

Stories from Around the Globe

In one African country, a former inmate recalls being in a detention block with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a young woman lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell set up an advocacy group. Her work has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" 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 stated. This trauma later informed official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented measures regarding pregnant women in the legal system. These include:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, especially for expectant mothers.
• Permitting the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the advocate.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, destitution, abuse and drugs – are truly what we should be investing in."