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A rights defender, who was, was taken into custody near her residence in March 2024. Charged with a broad allegation, she was imprisoned lacking proof. Three weeks later, her relatives received a call to retrieve the remains of her infant child. The reason of death has not been investigated, and her loved ones does not know the circumstances or if she obtained any postnatal care.

An International Problem

These tragic stories are far from uncommon in prisons around the world. Expectant mothers are often subjected to appalling situations and denied proper healthcare. Miscarriages occur, others begin childbirth and have their babies by themselves in a prison cell. Devastatingly, infants perish behind bars.

"Nations believe it’s a few of women so it’s insignificant, but that is a misconception," states a lawyer focused on women's incarceration.

"Incarceration is not a good setting for women, let alone someone who is expecting," she adds. "Extensive research that indicates how harmful it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines 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.

Yet, these guidelines are often violated globally. "This isn’t seen as a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In certain nations, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and rights groups are barred from entry. Interviews with ex-inmates describe assaults, torture, and being denied basic supplies. Some resort to exchanging favors with prison staff for nourishment or medical supplies.

"Our organisation has documented miscarriages and the loss of four babies … it is certain there are more," reports a rights defender.

Reports also indicate women who were shackled to hospital beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

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

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by cases of babies succumbing from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a cell with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her cell set up an advocacy group. Her work has successfully advocated for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies for pregnant women in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the expert.

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