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A human rights activist, while she was, was arrested near her home in early 2024. Charged with a vague offense, she was held lacking proof. Three weeks later, her family received a call to collect the remains of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or whether she received any postnatal care.

A Worldwide Crisis

Situations like these are far from uncommon within correctional systems internationally. Pregnant women are often held in deplorable conditions and denied necessary care. Some miscarry, others deliver and give birth alone in a detention cell. Tragically, some babies perish in custody.

"Governments assume it’s a small number of women so it’s not a problem, but that is incorrect," states a legal advocate working on women's incarceration.

"Detention is not a good setting for women, let alone someone who is expecting," she continues. "There’s so much evidence that shows how damaging it is. Most facilities were constructed with men in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. This framework state that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. They also ban the use of restraints on women in childbirth.

But, these guidelines are often violated globally. "This isn’t seen as a global priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Prisons

In various regions, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and rights groups are denied access. Interviews with formerly incarcerated women describe beatings, torture, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medicine.

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

Accounts also tell of women who were chained to medical beds while in labor and delivered while watched by male prison guards.

Severe Overpopulation and Its Effects

Statistics lists some nations as having the most severe overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. The environment for raising a newborn back in prison are alarming, as shown by cases of infants dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a cell with pregnant women. Doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman her baby died after giving birth unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures for pregnant women in the legal system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and people with experience contend that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the advocate.

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