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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a broad allegation, she was held without evidence. Three weeks later, her family were informed to retrieve the remains of her infant child. The reason of death has not been investigated, and the family does not know what happened or if she was given any care after birth.

A Global Crisis

These tragic stories are far from uncommon within correctional systems internationally. Expectant mothers are often kept in deplorable conditions and not given proper healthcare. Some miscarry, others begin childbirth and give birth unassisted in a prison cell. Devastatingly, infants die while incarcerated.

"Nations believe it’s a few of women so it’s not an issue, but that is incorrect," states a legal advocate working on female imprisonment.

"Incarceration is not a good setting for women, not to mention someone who is expecting," she adds. "There’s so much evidence that demonstrates how detrimental it is. Numerous facilities were built with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines specify 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 in childbirth.

However, these rules are often violated globally. "This is not viewed as a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Systems

In certain nations, conditions for pregnant prisoners are reported to be "really critical". Family visits have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women detail beatings, torture, and being deprived of essential items. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medicine.

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

Accounts also tell of women who were chained to medical beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Data lists some nations as having the highest overcrowding levels in the world. Women are especially at risk to these conditions. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

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

Stories from Different Continents

In Zambia, a former inmate remembers being in a detention block with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a young woman lost her daughter after delivering alone in a cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical 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 prison cell founded an organisation. Her work has successfully pushed for legislation that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. 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 bed. Hospital staff 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 medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies regarding expectant mothers in the justice system. These include:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Experts and people with experience believe that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and substance issues – are truly what we should be focusing on."