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An advocate, while she was, was arrested near her home in March 2024. Charged with a vague offense, she was held lacking proof. Weeks afterward, her relatives received a call to retrieve the body of her infant child. The cause of death was not looked into, and her loved ones has no idea the circumstances or whether she received any postnatal care.

A Worldwide Crisis

Cases such as this are not rare in detention centers internationally. Women carrying children are often held in deplorable conditions and not given necessary care. Some miscarry, others go into labour and have their babies by themselves in a detention cell. Tragically, infants perish in custody.

"Countries assume it’s a minority of women so it’s insignificant, but that is a misconception," notes a legal advocate dedicated to women's incarceration.

"Prison is a harmful place for women, let alone someone who is expecting," she adds. "There’s so much research that demonstrates how detrimental it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines specify that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

However, these standards are consistently flouted globally. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, situations for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and civil society are denied access. Accounts with ex-inmates detail beatings, torture, and being deprived of essential items. Some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation 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 hospital beds while in labor and delivered while observed by male officers.

Overcrowding and Its Impact

Data shows some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a young woman her baby died after giving birth alone in a cell. Her calls for help went unanswered for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "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 endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies regarding pregnant women in the legal system. These include:

• Considering non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and those who have been incarcerated contend that, in most cases, pregnant women should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the expert.

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