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A human rights activist, who was, was detained near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her relatives received a call to retrieve the remains of her infant child. The reason of death has not been investigated, and her loved ones has no idea the circumstances or whether she obtained any postnatal care.

An International Crisis

Situations like these are alarmingly common within correctional systems globally. Pregnant women are often kept in deplorable conditions and deprived of proper healthcare. Some miscarry, others deliver and give birth alone in a detention cell. Sadly, infants perish while incarcerated.

"Governments believe it’s a minority of women so it’s insignificant, but that’s not true," states a legal advocate working on women's incarceration.

"Detention is a terrible setting for women, let alone someone who is pregnant," she adds. "Extensive studies that demonstrates how damaging it is. Numerous facilities were designed with men in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. These rules specify that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. They also ban the use of restraints on women in childbirth.

But, these standards are routinely ignored globally. "This is not considered a worldwide gender-equality priority," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In some countries, situations for expectant inmates are reported to be "extremely dire". Family visits have been prohibited, and civil society are denied access. Accounts with ex-inmates describe assaults, torture, and being deprived of essential items. Some resort to exchanging favors with guards for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of several infants … there will be more," reports a local lawyer.

Reports also indicate women who were chained to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Data lists some countries as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as shown by reports of babies dying from illness and malnourishment behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. 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 her baby died after giving birth unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was forced to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, officers chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the justice system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

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 expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, destitution, violence and substance issues – are really what we should be focusing on."