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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 held lacking proof. Weeks afterward, her family received a call to collect the remains of her infant child. The cause of death has not been investigated, and her loved ones does not know the circumstances or whether she was given any care after birth.

A Worldwide Issue

These tragic stories are not rare in detention centers internationally. Expectant mothers are often subjected to appalling situations and not given necessary care. Some lose their pregnancies, others deliver and have their babies by themselves in a prison cell. Tragically, infants die in custody.

"Nations believe it’s a small number of women so it’s not an issue, but that’s not true," says a lawyer focused on women's incarceration.

"Incarceration is not a good place for women, especially not for someone who is expecting," she explains. "Extensive evidence that indicates how detrimental it is. Most prisons were constructed with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines state that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of restraints on women in childbirth.

But, these guidelines are consistently flouted around the world. "This is not viewed as a global gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Prisons

In certain nations, conditions for expectant inmates are described as "exceptionally severe". Family visits have been banned, and independent monitors are barred from entry. Interviews with ex-inmates describe assaults, torture, and being denied essential items. Some resort to trading sex with prison staff for nourishment or medicine.

"Our organisation has documented pregnancy losses and the death of several infants … it is certain there are more," reports a local lawyer.

It is also reported women who were chained to medical beds while in labor and delivered while watched by male officers.

Overcrowding and Its Impact

Statistics lists some nations as having the highest overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains 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 caring for an infant upon return in prison are alarming, as shown by reports of babies succumbing from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Cell doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager her baby died after giving birth alone in a prison cell. Her calls for help went unanswered for hours, and she was forced 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 United States, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully pushed for laws that ban restraints and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have implemented measures for pregnant women in the legal system. These include:

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

Advocates and people with experience contend that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community that address the root causes of women coming into contact with the legal system – for example, poverty, violence and substance issues – are truly what we should be focusing on."