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A human rights activist, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her family received a call to collect the body of her infant child. The reason of death remains unexamined, and the family has no idea the circumstances or if she received any postnatal care.

A Global Problem

Situations like these are alarmingly common in prisons internationally. Expectant mothers are often subjected to deplorable conditions and deprived of medical attention. Miscarriages occur, others go into labour and give birth by themselves in a prison cell. Sadly, infants die behind bars.

"Nations think it’s a minority of women so it’s not an issue, but that is a misconception," notes a lawyer dedicated to women's incarceration.

"Detention is a harmful setting for women, let alone someone who is pregnant," she explains. "There’s so much studies that demonstrates how harmful it is. Numerous facilities were designed with men in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. This framework state that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women during labour.

Yet, these standards are routinely ignored around the world. "This is not considered a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In various regions, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women describe assaults, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for nourishment or medicine.

"We has recorded pregnancy losses and the death of several infants … it is certain there are more," reports a local lawyer.

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

Severe Overpopulation and Its Effects

Statistics lists some countries as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by cases of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a teenager her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully pushed for laws that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered 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. It should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures for expectant mothers in the legal system. These include:

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

Advocates and people with experience believe that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."