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A human rights activist, at 35 weeks pregnant, was arrested near her residence in early 2024. Charged with a broad allegation, she was held without evidence. Three weeks later, her relatives were informed to retrieve the remains of her infant child. The cause of death remains unexamined, and the family has no idea what happened or if she was given any postnatal care.

An International Issue

These tragic stories are alarmingly common in detention centers globally. Women carrying children are often held in deplorable conditions and deprived of medical attention. Miscarriages occur, others begin childbirth and have their babies by themselves in a cell. Devastatingly, infants perish in custody.

"Governments assume it’s a small number of women so it’s insignificant, but that’s not true," notes a lawyer dedicated to female imprisonment.

"Incarceration is not a good setting for women, especially not for someone who is pregnant," she adds. "There’s so much studies that shows how damaging it is. Numerous facilities were constructed with men in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. This framework state that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of shackles on women while giving birth.

However, these guidelines are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In some countries, situations for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medicine.

"We has documented pregnancy losses and the loss of several infants … there will be more," reports 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 Impact

Data lists some countries as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

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

Stories from Around the Globe

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell 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 asking for divine help. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

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

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of prison terms for pregnant women.

Experts and people with experience contend that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the expert.

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