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A rights defender, while she was, was detained near her residence in early 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her relatives were informed to retrieve the remains of her newborn baby. The cause of death was not looked into, and the family has no idea what happened or if she was given any care after birth.

An International Issue

Situations like these are alarmingly common within correctional systems around the world. Pregnant women are often held in deplorable conditions and denied medical attention. Miscarriages occur, others begin childbirth and have their babies unassisted in a cell. Devastatingly, some babies perish behind bars.

"Governments assume it’s a few of women so it’s insignificant, but that’s not true," says a legal advocate focused on female imprisonment.

"Detention is a harmful setting for women, especially not for someone who is pregnant," she adds. "Extensive studies that shows how harmful it is. Most facilities were built with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. This framework specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of restraints on women in childbirth.

However, these guidelines are often violated globally. "This is not viewed as a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Prisons

In certain nations, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been prohibited, and rights groups are denied access. Interviews with formerly incarcerated women reveal assaults, torture, and being deprived of basic supplies. Some are forced into exchanging favors with guards for food or medicine.

"Our organisation has documented miscarriages and the loss of several infants … there will be more," says a rights defender.

It is also reported women who were chained to hospital beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Impact

Statistics lists some nations as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for caring for an infant back in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and malnourishment in custody.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a detention block with pregnant women. Cell doors were secured overnight. When someone started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures for expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held before trial, particularly for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Experts and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be investing in."