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A rights defender, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a broad allegation, she was jailed lacking proof. Weeks afterward, her family received a call to collect the body of her newborn baby. The reason of death has not been investigated, and her loved ones remains unaware the circumstances or if she obtained any care after birth.

A Global Problem

Situations like these are far from uncommon within correctional systems around the world. Women carrying children are often subjected to terrible environments and not given necessary care. Some miscarry, others begin childbirth and give birth alone in a detention cell. Sadly, some babies perish while incarcerated.

"Governments think it’s a few of women so it’s not an issue, but that’s not true," says a legal advocate dedicated to female imprisonment.

"Incarceration is not a good environment for women, especially not for someone who is pregnant," she adds. "Extensive evidence that indicates how harmful it is. Numerous prisons were designed with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. This framework clearly say that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. They also forbid the use of restraints on women in childbirth.

However, these rules are often violated around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "really critical". Contact with relatives have been banned, and civil society are denied access. Interviews with ex-inmates reveal assaults, torture, and being denied essential items. Some resort to exchanging favors with guards for nourishment or medicine.

"Our organisation has documented miscarriages and the death of four babies … it is certain there are more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Effects

Data shows some nations as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as evidenced by reports of babies 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 expectant mothers. Cell doors were locked overnight. When someone started giving birth 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!’"

Such events also happen in wealthier nations. For example, a young woman lost her daughter after delivering unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was forced to sever the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, officers chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures for expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Advocates and people with experience believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the expert.

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