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An advocate, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a broad allegation, she was held without evidence. Three weeks later, her family were contacted to collect the remains of her infant child. The reason of death has not been investigated, and her loved ones remains unaware what happened or whether she obtained any postnatal care.

A Global Crisis

Situations like these are far from uncommon in prisons internationally. Pregnant women are often held in appalling situations and not given necessary care. Miscarriages occur, others go into labour and have their babies by themselves in a prison cell. Devastatingly, infants die while incarcerated.

"Countries assume it’s a few of women so it’s not an issue, but that is a misconception," says a lawyer working on female imprisonment.

"Detention is a terrible place for women, especially not for someone who is pregnant," she adds. "Extensive evidence that indicates how harmful it is. Most prisons were designed with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines state that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women in childbirth.

But, these guidelines are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In some countries, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women reveal beatings, abuse, and being deprived of basic supplies. Reports indicate some resort to trading sex with prison staff for food or medicine.

"Our organisation has recorded pregnancy losses and the loss of several infants … there will be more," reports a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and delivered while observed by male officers.

Overcrowding and Its Impact

Statistics shows some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as evidenced by reports of babies succumbing from illness and malnourishment behind bars.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a detention block with pregnant women. Cell doors were secured 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 floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. In one case, a teenager her baby died after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her cell set up an organisation. She has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

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

Potential Reforms

Some nations have introduced measures for expectant mothers in the justice system. Among them are:

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

Advocates and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the advocate.

"Community-based solutions that address the root causes of women entering the justice system – for example, destitution, abuse and substance issues – are really what we should be focusing on."