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A rights defender, while she was, was arrested near her residence in early 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her relatives were informed to retrieve the remains of her newborn baby. The reason of death has not been investigated, and the family does not know what happened or whether she received any postnatal care.

A Worldwide Crisis

Cases such as this are not rare within correctional systems internationally. Expectant mothers are often kept in appalling situations and deprived of necessary care. Some miscarry, others begin childbirth and have their babies unassisted in a prison cell. Sadly, infants perish while incarcerated.

"Nations assume it’s a few of women so it’s not an issue, but that is a misconception," notes a legal advocate dedicated to female imprisonment.

"Prison is a terrible place for women, not to mention someone who is pregnant," she explains. "There’s so much evidence that shows how harmful it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of incarcerated women. This framework specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of restraints on women while giving birth.

However, these standards are routinely ignored globally. "This isn’t seen as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In certain nations, situations for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and rights groups are barred from entry. Interviews with ex-inmates reveal beatings, abuse, and being denied basic supplies. Reports indicate some are forced into exchanging favors with guards for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," says a rights defender.

Accounts also tell of women who were shackled to medical beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for caring for an infant back in prison are worrying, as shown by cases of babies succumbing from pneumonia 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. Doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman lost her daughter after delivering alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to instigate change. In the US, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for legislation that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison endure," she says. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies regarding pregnant women in the legal system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Introducing home detention as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of prison terms for pregnant women.

Advocates and people with experience contend that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the advocate.

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