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A human rights activist, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her relatives were contacted to collect the body of her infant child. 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.

A Worldwide Issue

These tragic stories are far from uncommon within correctional systems around the world. Expectant mothers are often subjected to terrible environments and denied proper healthcare. Miscarriages occur, others go into labour and give birth by themselves in a detention cell. Sadly, some babies perish behind bars.

"Governments assume it’s a small number of women so it’s not a problem, but that is a misconception," states a lawyer focused on female imprisonment.

"Incarceration is a harmful setting for women, especially not for someone who is expecting," she explains. "There’s so much studies that shows how detrimental it is. Numerous facilities were designed with male inmates 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 handling of incarcerated women. This framework state that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of restraints on women in childbirth.

Yet, these guidelines are often violated around the world. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In various regions, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women reveal beatings, torture, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

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

Reports also indicate women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Impact

Statistics shows some countries as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as evidenced by cases of babies succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In one African country, a former inmate recalls being in a cell with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean 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.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented measures for expectant mothers in the legal system. These include:

• Considering alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated contend that, often, 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 expert.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be focusing on."