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A rights defender, while she was, was taken into custody near her residence in March 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her family were informed to collect the remains of her infant child. The reason of death has not been investigated, and the family remains unaware what happened or whether she received any postnatal care.

A Worldwide Crisis

These tragic stories are not rare within correctional systems around the world. Women carrying children are often kept in deplorable conditions and not given necessary care. Some miscarry, others deliver and give birth alone in a cell. Sadly, infants perish behind bars.

"Countries assume it’s a few of women so it’s not a problem, but that is incorrect," notes a legal advocate working on female imprisonment.

"Detention is a harmful environment for women, especially not for someone who is pregnant," she adds. "There’s so much research that indicates how damaging it is. Many prisons were constructed with men in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. This framework clearly say that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women in childbirth.

However, these guidelines are routinely ignored around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Prisons

In certain nations, situations for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being denied essential items. Reports indicate some are forced into exchanging favors with guards for food or medical supplies.

"We has documented miscarriages and the death of several infants … there will be more," reports a local lawyer.

Reports also indicate women who were shackled to medical beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Impact

Data shows some countries as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of babies dying from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We begged. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman her baby died after giving birth unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for laws that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers chained her legs to the bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures for pregnant women in the legal system. Among them are:

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

Advocates and those who have been incarcerated believe that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be investing in."