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A rights defender, who was, was taken into custody near her residence in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to collect the body of her infant child. The cause of death has not been investigated, and her loved ones remains unaware the circumstances or whether she obtained any care after birth.

A Global Crisis

Situations like these are far from uncommon in prisons globally. Expectant mothers are often kept in deplorable conditions and not given medical attention. Miscarriages occur, others begin childbirth and have their babies by themselves in a detention cell. Tragically, some babies die while incarcerated.

"Nations assume it’s a small number of women so it’s not a problem, but that is incorrect," states a lawyer dedicated to women's incarceration.

"Incarceration is not a good setting for women, let alone someone who is pregnant," she continues. "Extensive evidence that indicates how damaging it is. Numerous prisons were built with men in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These guidelines state that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

However, these standards are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Systems

In some countries, situations for expectant inmates are described as "extremely dire". Family visits have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women reveal assaults, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medicine.

"Our organisation has documented miscarriages and the death of four babies … there will be more," says a local lawyer.

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

Severe Overpopulation and Its Consequences

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

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as shown by reports of infants dying from illness and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell founded an advocacy group. Her work has successfully pushed for legislation that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures regarding expectant mothers in the justice system. These include:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and people with experience believe that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."