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A rights defender, at 35 weeks pregnant, was detained near her home in early 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her family were contacted to collect the body of her newborn baby. The cause of death has not been investigated, and the family has no idea what happened or if she was given any care after birth.

An International Issue

Situations like these are far from uncommon within correctional systems internationally. Women carrying children are often kept in deplorable conditions and deprived of proper healthcare. Some lose their pregnancies, others deliver and have their babies by themselves in a detention cell. Devastatingly, infants perish while incarcerated.

"Nations think it’s a few of women so it’s not an issue, but that is a misconception," states a lawyer focused on female imprisonment.

"Incarceration is a terrible setting for women, let alone someone who is expecting," she continues. "Extensive research that demonstrates how damaging it is. Many prisons were designed with men in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. These rules state that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women in childbirth.

Yet, these standards are often violated around the world. "This is not considered a worldwide priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In some countries, situations for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and rights groups are barred from entry. Interviews with ex-inmates detail assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

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

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Overcrowding and Its Impact

Data shows some nations as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by reports of babies dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. In one case, a young woman her baby died after delivering unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures regarding pregnant women in the justice system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated argue that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the expert.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."