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A human rights activist, who was, was detained near her home in March 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her relatives were informed to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or whether she received any care after birth.

A Worldwide Crisis

These tragic stories are not rare in detention centers globally. Expectant mothers are often kept in deplorable conditions and denied proper healthcare. Some miscarry, others go into labour and give birth by themselves in a detention cell. Devastatingly, some babies perish in custody.

"Nations think it’s a minority of women so it’s not an issue, but that’s not true," notes a lawyer focused on female imprisonment.

"Prison is not a good place for women, especially not for someone who is pregnant," she continues. "There’s so much evidence that indicates how detrimental it is. Numerous facilities were constructed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines clearly say that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

However, these rules are often violated around the world. "This isn’t seen as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Systems

In certain nations, conditions for pregnant prisoners are reported to be "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates describe assaults, torture, and being deprived of basic supplies. Some resort to trading sex with prison staff for nourishment or medicine.

"We has recorded pregnancy losses and the loss of four babies … it is certain there are more," reports a rights defender.

Reports also indicate women who were chained to medical beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Impact

Data shows some nations as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. The environment for caring for an infant back in prison are alarming, as shown by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a teenager 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

A number of survivors have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell set up an organisation. She has successfully advocated for laws that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced policies for pregnant women in the justice system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, particularly for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Experts and people with experience believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the expert.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, poverty, violence and drugs – are really what we should be focusing on."