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A rights defender, while she was, was taken into custody near her residence in early 2024. Accused with a crime of "illicit association", she was jailed without evidence. Three weeks later, her relatives were informed to retrieve the remains of her newborn baby. The reason of death was not looked into, and the family does not know the circumstances or whether she was given any postnatal care.

A Global Issue

These tragic stories are far from uncommon within correctional systems globally. Expectant mothers are often subjected to appalling situations and deprived of medical attention. Some miscarry, others begin childbirth and have their babies alone in a detention cell. Devastatingly, some babies perish in custody.

"Countries think it’s a minority of women so it’s not an issue, but that is a misconception," notes a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful environment for women, let alone someone who is pregnant," she continues. "There’s so much evidence that shows how detrimental it is. Numerous prisons were designed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines clearly say that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women while giving birth.

Yet, these standards are consistently flouted globally. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In various regions, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal beatings, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for food or medicine.

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

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

Severe Overpopulation and Its Effects

Data shows some nations 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," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as shown by cases of infants dying from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a cell with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were left 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 wealthier nations. In one case, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance were ignored 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 advocate. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully advocated for legislation that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures for pregnant women in the legal system. Among them are:

• Considering alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

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

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and drugs – are really what we should be investing in."