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A human rights activist, at 35 weeks pregnant, was detained near her residence in March 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to collect the body of her newborn baby. The reason of death was not looked into, and her loved ones has no idea what happened or whether she received any postnatal care.

An International Crisis

These tragic stories are far from uncommon in prisons around the world. Expectant mothers are often subjected to terrible environments and deprived of proper healthcare. Miscarriages occur, others go into labour and give birth unassisted in a detention cell. Sadly, infants die behind bars.

"Governments believe it’s a minority of women so it’s insignificant, but that’s not true," says a lawyer working on female imprisonment.

"Prison is a harmful environment for women, let alone someone who is expecting," she continues. "There’s so much evidence that indicates how detrimental it is. Numerous facilities were constructed with men in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of incarcerated women. These rules state that prison 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.

However, these guidelines are routinely ignored around the world. "This isn’t seen as a global gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with ex-inmates reveal beatings, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for nourishment or medical supplies.

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

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while watched by male prison guards.

Overcrowding and Its Effects

Data shows some countries as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

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

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were left 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!’"

These tragedies occur in more developed countries. In one case, a teenager her baby died after delivering alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures regarding expectant mothers in the justice system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, particularly for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

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

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