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A human rights activist, at 35 weeks pregnant, was arrested near her residence in March 2024. Charged with a vague offense, she was imprisoned without evidence. Weeks afterward, her relatives were informed to collect the body of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or whether she obtained any care after birth.

An International Crisis

Situations like these are not rare in prisons internationally. Expectant mothers are often kept in terrible environments and denied medical attention. Some miscarry, others go into labour and give birth alone in a prison cell. Tragically, infants die in custody.

"Countries believe it’s a few of women so it’s insignificant, but that is a misconception," says a legal advocate dedicated to women's incarceration.

"Incarceration is not a good place for women, especially not for someone who is pregnant," she explains. "There’s so much studies that shows how damaging it is. Many prisons were built with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. This framework clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

Yet, these rules are consistently flouted globally. "This is not viewed as a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In various regions, situations for expectant inmates are reported to be "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates detail beatings, torture, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

"Our organisation has documented miscarriages and the loss of several infants … it is certain there are more," says a local lawyer.

Reports also indicate women who were chained to hospital beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics lists some nations as having the most severe overcrowding levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by reports of babies succumbing from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a former inmate recalls being in a detention block with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a teenager her baby died after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the justice system. Among them are:

• Considering non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and drugs – are really what we should be investing in."