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A rights defender, who was, was arrested near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the remains of her infant child. The cause of death was not looked into, and her loved ones does not know what happened or whether she received any postnatal care.

An International Issue

Situations like these are alarmingly common in prisons around the world. Women carrying children are often kept in appalling situations and denied necessary care. Some miscarry, others deliver and give birth alone in a cell. Sadly, infants die while incarcerated.

"Countries believe it’s a minority of women so it’s not an issue, but that’s not true," notes a lawyer focused on women's incarceration.

"Detention is a harmful setting for women, not to mention someone who is pregnant," she continues. "Extensive studies that indicates how detrimental it is. Most prisons were built with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the adoption of the UN's Bangkok Rules for the treatment of incarcerated women. This framework state that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also prohibit the use of shackles on women while giving birth.

However, these guidelines are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Systems

In some countries, conditions for expectant inmates are reported to be "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with ex-inmates detail assaults, abuse, and being denied essential items. Some are forced into exchanging favors with guards for nourishment or medicine.

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

Reports also indicate women who were shackled to medical beds while in labor and delivered while watched by male prison guards.

Severe Overpopulation and Its Impact

Statistics shows some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for raising a newborn back in prison are worrying, as shown by reports of infants dying from illness and malnourishment in custody.

Stories from Around the Globe

In one African country, a former inmate remembers being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully advocated for laws that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and people with experience believe that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

"Alternatives in the community that address the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and substance issues – are really what we should be investing in."