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A rights defender, while she was, was taken into custody near her residence in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Three weeks later, her family were contacted to retrieve the body of her infant child. The cause of death was not looked into, and her loved ones does not know what happened or whether she was given any care after birth.

An International Issue

Cases such as this are not rare within correctional systems internationally. Women carrying children are often held in deplorable conditions and not given proper healthcare. Some lose their pregnancies, others begin childbirth and give birth unassisted in a prison cell. Tragically, infants die while incarcerated.

"Countries think it’s a minority of women so it’s insignificant, but that is a misconception," states a legal advocate working on women's incarceration.

"Incarceration is a terrible environment for women, especially not for someone who is expecting," she explains. "Extensive evidence that shows how detrimental it is. Numerous prisons were designed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines state that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also forbid the use of shackles on women in childbirth.

But, these standards are consistently flouted globally. "This is not viewed as a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Prisons

In various regions, conditions for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and civil society are denied access. Interviews with ex-inmates reveal assaults, abuse, and being denied essential items. Some are forced into trading sex with prison staff for food or medical supplies.

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

Accounts also tell of women who were shackled to hospital beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Impact

Data shows some nations as having the highest overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for raising a newborn back in prison are alarming, as shown by reports of babies succumbing from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "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 more developed nations. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced 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 policies regarding expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and people with experience believe 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 advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and drugs – are really what we should be focusing on."