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A rights defender, while she was, was detained near her residence in early 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her family received a call to collect the body of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or whether she received any care after birth.

A Worldwide Issue

These tragic stories are not rare within correctional systems internationally. Pregnant women are often subjected to appalling situations and deprived of proper healthcare. Miscarriages occur, others go into labour and have their babies by themselves in a prison cell. Tragically, infants perish while incarcerated.

"Countries think it’s a minority of women so it’s not a problem, but that’s not true," states a lawyer working on female imprisonment.

"Detention is not a good setting for women, not to mention someone who is expecting," she adds. "There’s so much research that indicates how harmful it is. Many prisons were built with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

Over 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 final option for pregnant women and that alternatives to detention should be the first choice. They also ban the use of restraints on women while giving birth.

Yet, these guidelines are often violated around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In various regions, conditions for expectant inmates are reported to be "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Accounts with ex-inmates detail beatings, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

"We has documented miscarriages and the loss of four babies … it is certain there are more," says a rights defender.

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

Severe Overpopulation and Its Impact

Data lists some nations as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as evidenced by cases of babies succumbing from illness and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls 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 fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a young woman her baby died after delivering alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell founded an organisation. Her work has successfully pushed for laws that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the justice system. Among them are:

• Considering non-custodial options for accused women who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Experts and people with experience argue that, often, expectant mothers should not be in prison at all. "I question 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 coming into contact with the justice system – for example, poverty, violence and drugs – are truly what we should be investing in."