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An advocate, who was, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her family received a call 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 obtained any postnatal care.

A Global Problem

Cases such as this are alarmingly common in detention centers globally. Pregnant women are often kept in terrible environments and not given necessary care. Miscarriages occur, others deliver and have their babies by themselves in a cell. Devastatingly, some babies perish behind bars.

"Governments believe it’s a small number of women so it’s insignificant, but that is a misconception," states a lawyer dedicated to female imprisonment.

"Prison is a harmful place for women, not to mention someone who is expecting," she explains. "There’s so much evidence that shows how harmful it is. Many facilities were designed with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These rules specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

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

Severe Hardships in Packed Systems

In various regions, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with ex-inmates reveal assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medical supplies.

"Our organisation has recorded pregnancy losses and the loss of several infants … there will be more," reports a rights defender.

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 countries as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by cases of babies dying from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a teenager her baby died after giving birth unassisted in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an advocacy group. She has successfully pushed for laws that ban shackling and solitary confinement for pregnant 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 shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, 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 never have happened, but this is what women in prison go through," she says. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies regarding pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held on remand, especially for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Experts and people with experience argue that, in most cases, 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.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, poverty, abuse and substance issues – are truly what we should be focusing on."