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A rights defender, while she was, was detained near her residence in March 2024. Charged with a broad allegation, she was jailed without evidence. Three weeks later, her relatives received a call to collect the body of her infant child. The reason of death has not been investigated, and the family remains unaware what happened or if she received any postnatal care.

An International Problem

Situations like these are not rare in prisons globally. Pregnant women are often kept in terrible environments and deprived of medical attention. Some miscarry, others deliver and give birth alone in a cell. Sadly, infants perish in custody.

"Countries think it’s a small number of women so it’s not a problem, but that’s not true," notes a lawyer focused on women's incarceration.

"Detention is a terrible setting for women, let alone someone who is pregnant," she explains. "There’s so much evidence that demonstrates how detrimental it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. This framework specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of restraints on women during labour.

But, these rules are often violated around the world. "This is not considered a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Systems

In some countries, situations for expectant inmates are described as "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates reveal assaults, torture, and being denied essential items. Reports indicate some resort to trading sex with prison staff for food or medicine.

"We has documented pregnancy losses and the death of four babies … it is certain there are more," reports 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 Consequences

Data shows some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of infants succumbing from illness and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour 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 floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a young woman lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. Her work has successfully pushed for laws that ban restraints and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish 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 childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies for expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

Experts and those who have been incarcerated argue that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses 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 drugs – are truly what we should be focusing on."