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A rights defender, while she was, was taken into custody near her residence in March 2024. Charged with a broad allegation, she was imprisoned without evidence. Weeks afterward, her family were informed to collect the body of her newborn baby. The reason of death remains unexamined, and her loved ones has no idea what happened or if she was given any postnatal care.

A Global Crisis

Situations like these are alarmingly common in detention centers internationally. Expectant mothers are often held in terrible environments and not given medical attention. Some miscarry, others deliver and have their babies unassisted in a cell. Tragically, some babies die in custody.

"Governments assume it’s a few of women so it’s not an issue, but that is a misconception," notes a legal advocate working on female imprisonment.

"Prison is a terrible setting for women, especially not for someone who is expecting," she explains. "Extensive research that shows how harmful it is. Most prisons were constructed with men in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of incarcerated women. These rules clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. They also ban the use of restraints on women in childbirth.

But, these guidelines are routinely ignored globally. "This is not viewed as a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In certain nations, situations for pregnant prisoners are reported to be "really critical". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women describe assaults, abuse, and being deprived of essential items. Reports indicate some resort to trading sex with guards for nourishment or medical supplies.

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

Reports also indicate women who were chained to medical beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Impact

Data lists some countries as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

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

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers chained her legs to the bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

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

• Considering alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and those who have been incarcerated contend that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the advocate.

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