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A rights defender, while she was, was detained near her residence in March 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her family were informed to collect the body of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or if she received any postnatal care.

An International Issue

These tragic stories are far from uncommon within correctional systems internationally. Women carrying children are often kept in terrible environments and deprived of necessary care. Miscarriages occur, others deliver and give birth unassisted in a detention cell. Sadly, some babies die in custody.

"Countries believe it’s a minority of women so it’s not a problem, but that is incorrect," notes a lawyer focused on female imprisonment.

"Incarceration is not a good environment for women, let alone someone who is expecting," she continues. "Extensive evidence that demonstrates how damaging it is. Many prisons were built with men in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women during labour.

Yet, these rules are often violated around the world. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Prisons

In some countries, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women reveal assaults, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for food or medicine.

"We has documented miscarriages and the death of four babies … there will be more," says a rights defender.

Accounts also tell of women who were shackled to medical beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," 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 dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a cell with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her pleas for assistance were ignored 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 experiences to advocate. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. 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?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. This trauma later informed official guidelines around childbirth in detention.

Potential Reforms

Some nations have introduced policies for pregnant women in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held before trial, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

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

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, destitution, violence and drugs – are truly what we should be focusing on."