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A rights defender, while she was, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to retrieve the body of her newborn baby. The reason of death remains unexamined, and the family remains unaware what happened or if she obtained any care after birth.

A Global Problem

Cases such as this are alarmingly common in prisons internationally. Expectant mothers are often kept in deplorable conditions and not given medical attention. Some lose their pregnancies, others go into labour and give birth unassisted in a detention cell. Tragically, infants perish while incarcerated.

"Governments think it’s a few of women so it’s insignificant, but that’s not true," notes a legal advocate focused on female imprisonment.

"Prison is a harmful place for women, let alone someone who is pregnant," she adds. "There’s so much research that shows how harmful it is. Most facilities were constructed with men in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. This framework specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women while giving birth.

But, these guidelines are often violated globally. "This is not considered a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In some countries, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women reveal assaults, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

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

Reports also indicate women who were chained to hospital beds while in labor and gave birth while watched by male prison guards.

Overcrowding and Its Effects

Statistics lists some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

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

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a teenager lost her daughter after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an advocacy group. She has successfully pushed for laws that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Implementing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the advocate.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, destitution, violence and substance issues – are really what we should be focusing on."