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A human rights activist, while she was, was detained near her residence in early 2024. Charged with a broad allegation, she was jailed without evidence. Three weeks later, her family received a call to collect the remains of her infant child. The cause of death has not been investigated, and the family has no idea what happened or if she received any postnatal care.

An International Issue

Situations like these are not rare in prisons internationally. Expectant mothers are often kept in appalling situations and deprived of necessary care. Some miscarry, others go into labour and have their babies unassisted in a detention cell. Sadly, infants perish behind bars.

"Nations assume it’s a small number of women so it’s insignificant, but that is a misconception," states a legal advocate working on women's incarceration.

"Prison is not a good setting for women, let alone someone who is expecting," she adds. "There’s so much research that indicates how damaging it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. This framework clearly say that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women in childbirth.

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

Critical Conditions in Overcrowded Prisons

In some countries, situations for expectant inmates are described as "exceptionally severe". Family visits have been banned, and independent monitors are barred from entry. Accounts with ex-inmates detail beatings, abuse, and being denied basic supplies. Some are forced into exchanging favors with guards for nourishment or medicine.

"We has documented pregnancy losses and the death of several infants … it is certain there are more," reports a rights defender.

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

Severe Overpopulation and Its Impact

Data shows some nations as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are alarming, as evidenced by cases of babies dying from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell doors were locked overnight. When someone went into labour 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!’"

Such events occur in more developed countries. In one case, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to instigate change. In the US, a woman who miscarried in her cell founded an advocacy group. Her work has successfully pushed for legislation that ban shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures regarding pregnant women in the justice system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and drugs – are truly what we should be investing in."