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A human rights activist, while she was, was taken into custody near her home in March 2024. Accused with a vague offense, she was held lacking proof. Three weeks later, her relatives were informed to collect the remains of her newborn baby. The reason of death remains unexamined, and the family remains unaware what happened or whether she received any care after birth.

A Global Crisis

These tragic stories are far from uncommon in prisons internationally. Women carrying children are often held in appalling situations and not given proper healthcare. Miscarriages occur, others begin childbirth and give birth alone in a prison cell. Sadly, some babies die in custody.

"Nations think it’s a small number of women so it’s insignificant, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Prison is a harmful setting for women, let alone someone who is expecting," she adds. "There’s so much research that indicates how detrimental it is. Numerous facilities were constructed with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the establishment of the UN's Bangkok Rules for the handling of female prisoners. This framework state that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

However, these guidelines are often violated globally. "This is not considered a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In certain nations, situations for expectant inmates are described as "really critical". Family visits have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women describe beatings, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medical supplies.

"We has recorded miscarriages and the loss of several infants … there will be more," says a rights defender.

It is also reported women who were shackled to medical beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Effects

Statistics lists some nations as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by reports of babies dying from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a young woman lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully pushed for legislation that ban restraints and isolation for expectant inmates in numerous jurisdictions.

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

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

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

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held before trial, particularly for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Advocates and those who have been incarcerated contend that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the expert.

"Alternatives in the community that address the root causes of women entering the justice system – for example, poverty, abuse and substance issues – are really what we should be investing in."