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A human rights activist, who was, was arrested near her home in early 2024. Charged with a crime of "illicit association", she was jailed without evidence. Three weeks later, her family were informed to collect the body of her infant child. The reason of death was not looked into, and the family has no idea what happened or if she received any postnatal care.

An International Crisis

These tragic stories are not rare in prisons globally. Expectant mothers are often held in appalling situations and deprived of necessary care. Miscarriages occur, others go into labour and have their babies by themselves in a detention cell. Tragically, some babies die while incarcerated.

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

"Incarceration is a terrible setting for women, let alone someone who is expecting," she adds. "There’s so much studies that shows how damaging it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines specify that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of shackles on women while giving birth.

Yet, these standards are often violated around the world. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Systems

In various regions, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women detail beatings, abuse, and being denied essential items. Reports indicate some resort to trading sex with guards for food or medicine.

"Our organisation has documented pregnancy losses and the loss of four babies … it is certain there are more," reports a local lawyer.

It is also reported women who were shackled to medical beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Consequences

Data lists some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by reports of infants dying from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a cell with pregnant women. Cell doors were locked 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 hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a teenager her baby died after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for laws that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced measures for pregnant women in the legal system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Experts 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 many issues in the first place," says the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be focusing on."