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A rights defender, while she was, was arrested near her residence in early 2024. Accused with a vague offense, she was held lacking proof. Weeks afterward, her family were informed to collect the remains of her infant child. The reason of death was not looked into, and her loved ones has no idea what happened or whether she received any postnatal care.

An International Issue

These tragic stories are alarmingly common in prisons internationally. Expectant mothers are often subjected to appalling situations and not given proper healthcare. Some miscarry, others go into labour and have their babies alone in a cell. Sadly, some babies die behind bars.

"Nations assume it’s a minority of women so it’s insignificant, but that is incorrect," states a lawyer focused on female imprisonment.

"Incarceration is a terrible environment for women, especially not for someone who is expecting," she adds. "There’s so much studies that shows how harmful it is. Numerous facilities were designed with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These guidelines specify that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of restraints on women while giving birth.

But, these rules are often violated around the world. "This is not considered a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In certain nations, conditions for pregnant prisoners are described as "really critical". Family visits have been prohibited, and civil society are barred from entry. Interviews with ex-inmates detail assaults, torture, and being deprived of essential items. Reports indicate some are forced into trading sex with guards for food or medical supplies.

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

Accounts also tell of women who were chained to hospital beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the most severe overcrowding levels in the world. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as shown by cases of infants dying from illness and malnourishment in custody.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. For example, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being given a prison term. 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 sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced policies for pregnant women in the justice system. These include:

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

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

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