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A rights defender, while she was, was detained near her home in early 2024. Accused with a vague offense, she was imprisoned without evidence. Weeks afterward, her family were informed to collect the body of her newborn baby. The cause of death was not looked into, and the family has no idea what happened or whether she received any care after birth.

A Worldwide Issue

These tragic stories are not rare within correctional systems internationally. Women carrying children are often kept in deplorable conditions and deprived of proper healthcare. Some miscarry, others begin childbirth and have their babies alone in a detention cell. Tragically, infants perish behind bars.

"Governments think it’s a few of women so it’s insignificant, but that is incorrect," states a legal advocate focused on female imprisonment.

"Prison is a harmful setting for women, not to mention someone who is pregnant," she adds. "There’s so much evidence that shows how damaging it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. This framework clearly say that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women while giving birth.

However, these standards are consistently flouted around the world. "This is not considered a worldwide gender-equality priority," says the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Systems

In various regions, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women describe assaults, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for food or medicine.

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

Reports also indicate women who were shackled to medical beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. The environment for caring for an infant upon return in prison are worrying, as shown by reports of babies succumbing from pneumonia and severe malnutrition behind bars.

Stories from Different Continents

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. 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 were ignored for hours, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell set up an advocacy group. Her work has successfully advocated for laws that prohibit restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff 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?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies regarding expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the advocate.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, destitution, violence and substance issues – are really what we should be investing in."