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A rights defender, at 35 weeks pregnant, was arrested near her residence in early 2024. Charged with a broad allegation, she was held lacking proof. Three weeks later, her family were informed to collect the body of her newborn baby. The reason of death has not been investigated, and the family remains unaware what happened or if she was given any care after birth.

A Global Problem

These tragic stories are not rare within correctional systems around the world. Expectant mothers are often held in appalling situations and deprived of medical attention. Some miscarry, others begin childbirth and give birth by themselves in a detention cell. Tragically, infants die while incarcerated.

"Nations assume it’s a small number of women so it’s not an issue, but that is incorrect," states a lawyer dedicated to female imprisonment.

"Incarceration is a harmful place for women, not to mention someone who is expecting," she continues. "There’s so much research that indicates how harmful it is. Numerous facilities were constructed with men in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. This framework state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women in childbirth.

But, these rules are often violated around the world. "This is not considered a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Interviews with formerly incarcerated women detail beatings, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

"We has recorded pregnancy losses and the death of four babies … there will be more," reports a local lawyer.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by reports of babies dying from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. When someone 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 floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a young woman her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully pushed for laws that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison endure," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures for pregnant women in the legal system. These include:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and people with experience argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

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