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A human rights activist, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives were contacted to collect the remains of her newborn baby. The reason of death remains unexamined, and her loved ones remains unaware what happened or whether she was given any care after birth.

A Global Issue

Situations like these are far from uncommon in prisons around the world. Expectant mothers are often held in terrible environments and denied proper healthcare. Some miscarry, others deliver and give birth unassisted in a prison cell. Tragically, infants die while incarcerated.

"Nations assume it’s a few of women so it’s insignificant, but that is a misconception," states a legal advocate focused on female imprisonment.

"Prison is a terrible environment for women, especially not for someone who is expecting," she explains. "There’s so much studies that indicates how harmful it is. Many facilities were designed with men in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines clearly say that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women in childbirth.

But, these rules are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Prisons

In various regions, conditions for pregnant prisoners are described as "really critical". Family visits have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women detail beatings, abuse, and being deprived of basic supplies. Some resort to exchanging favors with guards for nourishment or medicine.

"Our organisation has documented miscarriages and the death of four babies … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to hospital beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Statistics shows some nations as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

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

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were forced 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!’"

Such events also happen in wealthier nations. In one case, a young woman lost her daughter after delivering alone in a cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully advocated 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, guards chained her legs to the hospital bed. Doctors performed a C-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.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have implemented measures for pregnant women in the legal system. These include:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• 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 many issues in the beginning," argues the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be investing in."