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A human rights activist, while she was, was arrested near her residence in March 2024. Accused with a broad allegation, she was jailed lacking proof. Weeks afterward, her family were contacted to collect the body of her newborn baby. The reason of death has not been investigated, and the family does not know the circumstances or whether she was given any postnatal care.

A Global Crisis

Cases such as this are far from uncommon within correctional systems around the world. Pregnant women are often held in appalling situations and denied necessary care. Miscarriages occur, others begin childbirth and have their babies by themselves in a detention cell. Devastatingly, some babies perish while incarcerated.

"Countries think it’s a small number of women so it’s not an issue, but that’s not true," states a lawyer dedicated to women's incarceration.

"Incarceration is a harmful environment for women, let alone someone who is expecting," she adds. "There’s so much research that shows how harmful it is. Numerous prisons were built with male inmates in mind, so women were an afterthought."

Ignored UN Rules

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. These rules specify that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also prohibit the use of shackles on women while giving birth.

Yet, these guidelines are routinely ignored globally. "This isn’t seen as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Prisons

In certain nations, situations for expectant inmates are described as "extremely dire". Family visits have been banned, and rights groups are barred from entry. Interviews with ex-inmates reveal assaults, torture, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medical supplies.

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

It is also reported women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics lists some countries as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant back in prison are alarming, as shown by cases of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting 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 her baby died after delivering alone in a cell. Her calls for help were ignored for hours, and she was forced to bite through the cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for laws that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures for expectant mothers in the justice system. Among them are:

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

Advocates and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and substance issues – are truly what we should be investing in."