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A human rights activist, at 35 weeks pregnant, was detained near her home in March 2024. Charged with a broad allegation, she was held without evidence. Weeks afterward, her relatives were informed to collect the remains of her infant child. The cause of death was not looked into, and her loved ones remains unaware the circumstances or if she received any care after birth.

An International Problem

These tragic stories are alarmingly common in detention centers globally. Women carrying children are often subjected to terrible environments and denied necessary care. Some miscarry, others deliver and have their babies alone in a prison cell. Sadly, infants perish in custody.

"Countries think it’s a small number of women so it’s not a problem, but that is a misconception," notes a legal advocate working on women's incarceration.

"Prison is a harmful place for women, not to mention someone who is pregnant," she continues. "Extensive research that shows how damaging it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines specify that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women during labour.

However, these guidelines are routinely ignored globally. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In some countries, conditions for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and rights groups are denied access. Interviews with formerly incarcerated women reveal beatings, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for nourishment or medicine.

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

Accounts also tell of women who were chained to hospital beds during labour and gave birth while observed by male officers.

Severe Overpopulation and Its Impact

Statistics lists some countries as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a cell with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We begged. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her calls for help were ignored for hours, and she was forced to sever the cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell set up an advocacy group. She has successfully pushed for legislation that ban restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the justice system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are really what we should be investing in."