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A rights defender, at 35 weeks pregnant, was taken into custody near her home in early 2024. Charged with a vague offense, she was held lacking proof. Weeks afterward, her family were contacted to collect the body of her newborn baby. The cause of death remains unexamined, and the family has no idea what happened or if she received any postnatal care.

A Global Problem

Cases such as this are not rare in detention centers globally. Women carrying children are often subjected to deplorable conditions and not given medical attention. Some lose their pregnancies, others go into labour and have their babies unassisted in a cell. Tragically, infants die while incarcerated.

"Countries believe it’s a small number of women so it’s insignificant, but that is a misconception," notes a legal advocate focused on women's incarceration.

"Prison is a terrible environment for women, not to mention someone who is pregnant," she explains. "There’s so much evidence that demonstrates how damaging it is. Many prisons were built with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. This framework clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women in childbirth.

But, these rules are often violated globally. "This is not considered a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women detail beatings, 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 death of several infants … it is certain there are more," reports a local lawyer.

It is also reported 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 highest overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. The environment for raising a newborn upon return in prison are alarming, as evidenced by reports of infants succumbing from pneumonia and malnourishment in custody.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a cell with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a young woman lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for laws that ban shackling and isolation 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 shackled her legs to the bed. Doctors performed a C-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 medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies for pregnant women in the legal system. These include:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."