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A human rights activist, who was, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives were informed to collect the remains of her newborn baby. The cause of death remains unexamined, and the family has no idea what happened or if she received any care after birth.

A Global Problem

Situations like these are not rare in prisons around the world. Women carrying children are often held in terrible environments and denied medical attention. Some miscarry, others begin childbirth and give birth unassisted in a cell. Sadly, infants die in custody.

"Nations believe it’s a minority of women so it’s insignificant, but that is incorrect," notes a lawyer working on female imprisonment.

"Prison is a terrible environment for women, let alone someone who is pregnant," she continues. "There’s so much studies that shows how damaging it is. Many prisons were built with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These rules clearly say 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 shackles on women during labour.

However, these guidelines are routinely ignored globally. "This is not considered a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Prisons

In some countries, conditions for expectant inmates are reported to be "really critical". Family visits have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women reveal beatings, abuse, and being denied basic supplies. Some are forced into trading sex with prison staff for food or medicine.

"We has documented pregnancy losses and the loss of four babies … it is certain there are more," reports a local lawyer.

It is also reported women who were chained to medical beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

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 went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully advocated for laws that prohibit shackling and isolation for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers chained 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.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an option to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Advocates and people with experience contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the expert.

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