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A human rights activist, who was, was arrested near her home in early 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her family were informed to retrieve the body of her newborn baby. The reason of death remains unexamined, and her loved ones has no idea the circumstances or whether she was given any care after birth.

An International Problem

Cases such as this are not rare within correctional systems around the world. Pregnant women are often kept in appalling situations and not given medical attention. Some miscarry, others begin childbirth and give birth by themselves in a cell. Devastatingly, some babies perish while incarcerated.

"Countries believe it’s a small number of women so it’s not an issue, but that’s not true," states a lawyer dedicated to female imprisonment.

"Prison is a harmful setting for women, not to mention someone who is expecting," she explains. "Extensive evidence that demonstrates how detrimental it is. Numerous prisons were constructed with men in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. This framework state that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of shackles on women during labour.

However, these rules are routinely ignored globally. "This is not considered a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are denied access. Interviews with formerly incarcerated women describe beatings, torture, and being deprived of basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medical supplies.

"Our organisation has recorded pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Effects

Data lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to advocate. In the US, a woman who miscarried in her prison cell set up an advocacy group. She has successfully advocated for legislation 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, guards shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison endure," she says. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held on remand, particularly for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and people with experience argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the advocate.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and drugs – are really what we should be focusing on."