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An advocate, at 35 weeks pregnant, was arrested near her residence in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Three weeks later, her relatives were informed to collect the remains of her newborn baby. The cause of death was not looked into, and the family remains unaware what happened or if she was given any care after birth.

An International Issue

These tragic stories are far from uncommon in prisons around the world. Expectant mothers are often subjected to terrible environments and not given necessary care. Some lose their pregnancies, others deliver and have their babies unassisted in a detention cell. Tragically, infants die while incarcerated.

"Countries think it’s a minority of women so it’s not an issue, but that is a misconception," notes a legal advocate focused on female imprisonment.

"Incarceration is a harmful place for women, let alone someone who is expecting," she continues. "Extensive studies that demonstrates how damaging it is. Numerous prisons were built with men in mind, so women were an afterthought."

Ignored International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of female prisoners. These guidelines state that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women while giving birth.

Yet, these guidelines are routinely ignored around the world. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates detail beatings, abuse, and being denied essential items. Reports indicate some are forced into trading sex with guards for nourishment or medical supplies.

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

It is also reported women who were shackled to hospital beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as evidenced by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "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 stated. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented measures regarding pregnant women in the justice system. Among them are:

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

Advocates and people with experience contend that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are really what we should be focusing on."