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A human rights activist, who was, was arrested near her residence in March 2024. Accused with a vague offense, she was held lacking proof. Three weeks later, her family were informed to retrieve the remains of her infant child. The reason of death remains unexamined, and the family does not know what happened or whether she was given any postnatal care.

A Worldwide Problem

These tragic stories are not rare within correctional systems globally. Expectant mothers are often kept in deplorable conditions and denied proper healthcare. Some miscarry, others begin childbirth and give birth alone in a cell. Tragically, infants perish while incarcerated.

"Countries assume it’s a small number of women so it’s not a problem, but that is a misconception," notes a legal advocate focused on female imprisonment.

"Prison is a terrible environment for women, not to mention someone who is pregnant," she continues. "Extensive studies that demonstrates how harmful it is. Many facilities were constructed with men in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. This framework state that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of restraints on women during labour.

But, these guidelines are consistently flouted globally. "This is not viewed as a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Packed Prisons

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with ex-inmates reveal assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with guards for food or medicine.

"Our organisation has documented miscarriages and the death of several infants … there will be more," says a rights defender.

It is also reported women who were shackled to medical beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Effects

Statistics shows some nations as having the most severe overcrowding levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of babies succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a former inmate remembers being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a teenager her baby died after delivering alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced 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

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

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of prison terms for pregnant women.

Advocates and people with experience argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the expert.

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."