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A rights defender, who was, was arrested near her residence in early 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her family were informed to collect the remains of her infant child. The cause of death has not been investigated, and the family does not know the circumstances or whether she was given any postnatal care.

An International Problem

Situations like these are far from uncommon in detention centers internationally. Women carrying children are often held in terrible environments and deprived of necessary care. Some lose their pregnancies, others go into labour and give birth unassisted in a cell. Sadly, infants die in custody.

"Countries assume it’s a few of women so it’s not a problem, but that’s not true," states a lawyer working on female imprisonment.

"Incarceration is a terrible setting for women, not to mention someone who is expecting," she explains. "Extensive studies that demonstrates how damaging it is. Many facilities were designed with male inmates 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 handling of female prisoners. These rules specify that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. They also ban the use of restraints on women while giving birth.

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

Critical Conditions in Packed Systems

In various regions, situations for pregnant prisoners are reported to be "really critical". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates describe assaults, torture, and being denied essential items. Some are forced into exchanging favors with prison staff for food or medicine.

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

Accounts also tell of women who were chained to medical beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Consequences

Data lists some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as evidenced by cases of babies succumbing from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a cell with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager her baby died after giving birth unassisted in a cell. Her calls for help went unanswered for hours, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to advocate. In the US, a woman who miscarried in her prison cell set up an organisation. She has successfully advocated for legislation that prohibit shackling and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" 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 informed official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented measures for pregnant women in the justice system. These include:

• Considering non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," says the expert.

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