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A rights defender, while she was, was taken into custody near her residence in early 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her relatives received a call to collect the body of her infant child. The reason of death remains unexamined, and her loved ones does not know what happened or whether she obtained any care after birth.

A Global Issue

Cases such as this are not rare within correctional systems internationally. Women carrying children are often held in deplorable conditions and denied necessary care. Some lose their pregnancies, others begin childbirth and have their babies alone in a cell. Tragically, infants perish behind bars.

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

"Prison is a harmful environment for women, especially not for someone who is expecting," 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."

Flouted Global Standards

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines state that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of shackles on women in childbirth.

Yet, these standards are often violated globally. "This is not considered a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In some countries, situations for pregnant prisoners are described as "extremely dire". Family visits have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women describe assaults, abuse, and being deprived of essential items. Some resort to trading sex with guards for food or medicine.

"We has recorded pregnancy losses and the loss of several infants … there will be more," says a rights defender.

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

Overcrowding and Its Consequences

Statistics lists some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by reports of babies dying from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a cell with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a young woman her baby died after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for laws that ban shackling and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies regarding expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative 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, in most cases, 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 expert.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, poverty, violence and drugs – are really what we should be focusing on."