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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 held lacking proof. Three weeks later, her family were contacted to collect the body of her infant child. The reason of death was not looked into, and the family remains unaware the circumstances or whether she was given any postnatal care.

An International Issue

Situations like these are not rare within correctional systems globally. Expectant mothers are often kept in terrible environments and not given proper healthcare. Miscarriages occur, others begin childbirth and have their babies by themselves in a prison cell. Devastatingly, infants perish while incarcerated.

"Countries assume it’s a small number of women so it’s insignificant, but that’s not true," says a lawyer focused on women's incarceration.

"Detention is a harmful place for women, especially not for someone who is expecting," she continues. "Extensive evidence that demonstrates how detrimental it is. Most prisons were constructed with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These rules clearly say that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of shackles on women in childbirth.

Yet, these standards are often violated globally. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In various regions, conditions for pregnant prisoners are described as "extremely dire". Family visits have been banned, and independent monitors are barred from entry. Interviews with ex-inmates reveal assaults, abuse, and being denied essential items. Some are forced into trading sex with prison staff for nourishment or medical supplies.

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

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

Overcrowding and Its Consequences

Data lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced by reports of babies succumbing from illness and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a young woman her baby died after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully pushed for laws that prohibit shackling and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, guards shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced policies for expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an option to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," argues the advocate.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, destitution, violence and substance issues – are really what we should be focusing on."