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An advocate, who was, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her relatives were contacted to collect the body of her infant child. The cause of death has not been investigated, and the family remains unaware the circumstances or whether she obtained any care after birth.

An International Problem

Situations like these are alarmingly common in detention centers around the world. Women carrying children are often kept in deplorable conditions and deprived of medical attention. Miscarriages occur, others go into labour and have their babies alone in a cell. Devastatingly, infants die while incarcerated.

"Countries assume it’s a minority of women so it’s not a problem, but that is a misconception," notes a lawyer working on female imprisonment.

"Incarceration is not a good environment for women, let alone someone who is pregnant," she explains. "There’s so much research that indicates how damaging it is. Most facilities were built with male inmates in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. 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 consistently flouted around the world. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In some countries, situations for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and rights groups are denied access. Interviews with ex-inmates reveal beatings, abuse, and being denied basic supplies. Some are forced into exchanging favors with guards for food or medical supplies.

"Our organisation has recorded pregnancy losses and the death of four babies … it is certain there are more," reports a rights defender.

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

Overcrowding and Its Impact

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

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a detention block 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 praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for legislation that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison endure," she says. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the justice system. These include:

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

Advocates and those who have been incarcerated argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the expert.

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