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An advocate, at 35 weeks pregnant, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her family were contacted to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones has no idea the circumstances or if she received any postnatal care.

An International Problem

Situations like these are alarmingly common in detention centers globally. Pregnant women are often kept in appalling situations and not given necessary care. Miscarriages occur, others go into labour and give birth unassisted in a prison cell. Tragically, some babies die in custody.

"Countries think it’s a few of women so it’s insignificant, but that’s not true," says a legal advocate working on women's incarceration.

"Incarceration is a harmful environment for women, let alone someone who is expecting," she adds. "There’s so much research that shows how damaging it is. Numerous facilities were constructed with male inmates in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. These rules state that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women in childbirth.

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

Critical Conditions in Overcrowded Prisons

In some countries, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women reveal beatings, abuse, and being deprived of essential items. Some are forced into trading sex with guards for food or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," reports a rights defender.

Accounts also tell of women who were shackled to hospital beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Data lists some countries as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," 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 shown by reports of infants dying from illness and malnourishment in custody.

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 went into labour at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a teenager lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for legislation that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, 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 policies regarding pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held before trial, especially for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and people with experience believe that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."