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A human rights activist, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives were contacted to collect the remains of her infant child. The cause of death was not looked into, and her loved ones does not know the circumstances or if she received any care after birth.

A Worldwide Issue

These tragic stories are not rare within correctional systems internationally. Women carrying children are often held in appalling situations and not given proper healthcare. Some lose their pregnancies, others begin childbirth and have their babies alone in a prison cell. Sadly, some babies perish while incarcerated.

"Governments believe it’s a few of women so it’s insignificant, but that is a misconception," states a lawyer working on female imprisonment.

"Detention is a terrible place for women, let alone someone who is expecting," she explains. "There’s so much research that demonstrates how detrimental it is. Many prisons were built with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines state that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of shackles on women during labour.

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

Severe Hardships in Overcrowded Prisons

In various regions, situations for expectant inmates are described as "really critical". Family visits have been banned, and rights groups are denied access. Accounts with ex-inmates reveal assaults, torture, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

"We has documented miscarriages and the death of several infants … there will be more," says a local lawyer.

Reports also indicate women who were shackled to hospital beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Effects

Data shows some nations as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as evidenced by cases of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a young woman her baby died after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell set up an advocacy group. She has successfully advocated for laws that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want 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 endure," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies regarding expectant mothers in the justice system. These include:

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

Experts and people with experience argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the advocate.

"Community-based solutions that address the root causes of women entering the legal system – for example, destitution, violence and substance issues – are really what we should be investing in."