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A rights defender, at 35 weeks pregnant, was arrested near her residence in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to retrieve the remains of her newborn baby. The reason of death remains unexamined, and her loved ones remains unaware the circumstances or if she received any postnatal care.

A Global Crisis

Cases such as this are alarmingly common in prisons globally. Pregnant women are often kept in terrible environments and deprived of necessary care. Miscarriages occur, others begin childbirth and have their babies alone in a detention cell. Tragically, infants perish while incarcerated.

"Countries think it’s a few of women so it’s not an issue, but that’s not true," says a lawyer focused on women's incarceration.

"Detention is not a good place for women, not to mention someone who is pregnant," she continues. "There’s so much evidence that shows how detrimental it is. Many prisons were designed with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. These rules clearly say that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of shackles on women in childbirth.

Yet, these guidelines are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In some countries, conditions for expectant inmates are described as "really critical". Family visits have been prohibited, and rights groups are denied access. Accounts with ex-inmates describe assaults, abuse, and being denied basic supplies. Some resort to exchanging favors with guards for nourishment or medicine.

"We has documented miscarriages and the death of several infants … there will be more," says a local lawyer.

It is also reported women who were chained to hospital beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the most severe overcrowding levels in the world. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for caring for an infant back in prison are worrying, as shown by reports of infants succumbing from illness and malnourishment in custody.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. If a woman started giving birth 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, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a young woman her baby died after delivering alone in a cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced policies for expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Experts and people with experience argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the advocate.

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, poverty, abuse and drugs – are truly what we should be focusing on."