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A rights defender, who was, was arrested near her home in March 2024. Accused with a vague offense, she was jailed lacking proof. Weeks afterward, her family received a call to collect the body of her newborn baby. The reason of death remains unexamined, and the family has no idea the circumstances or whether she received any postnatal care.

A Worldwide Issue

These tragic stories are not rare in prisons around the world. Women carrying children are often held in deplorable conditions and denied necessary care. Some miscarry, others begin childbirth and have their babies unassisted in a cell. Devastatingly, some babies perish in custody.

"Countries believe it’s a small number of women so it’s not an issue, but that is a misconception," says a lawyer focused on female imprisonment.

"Incarceration is a terrible environment for women, let alone someone who is pregnant," she continues. "There’s so much evidence that demonstrates how damaging it is. Many prisons were designed with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the adoption of the UN's Bangkok Rules for the treatment of incarcerated women. These rules state that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. They also ban the use of shackles on women during labour.

Yet, these rules are often violated globally. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Prisons

In some countries, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates reveal beatings, abuse, and being deprived of basic supplies. Some are forced into trading sex with prison staff for nourishment or medical supplies.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," reports a local lawyer.

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

Severe Overpopulation and Its Consequences

Data shows some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a detention block with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a teenager her baby died after delivering unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was had to bite through the cord herself.

From Experience to Advocacy

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

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures for pregnant women in the justice system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Experts and those who have been incarcerated contend that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the expert.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, destitution, abuse and drugs – are truly what we should be investing in."