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A human rights activist, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her relatives were informed to collect the remains of her infant child. The cause of death has not been investigated, and her loved ones does not know what happened or whether she received any care after birth.

An International Problem

These tragic stories are not rare in prisons globally. Pregnant women are often subjected to appalling situations and deprived of proper healthcare. Some miscarry, others deliver and give birth unassisted in a detention cell. Devastatingly, infants die in custody.

"Governments think it’s a minority of women so it’s not a problem, but that’s not true," says a legal advocate dedicated to women's incarceration.

"Prison is a terrible place for women, especially not for someone who is expecting," she explains. "There’s so much evidence that indicates how detrimental it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines state that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also ban the use of restraints on women during labour.

But, these guidelines are routinely ignored around the world. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Systems

In certain nations, situations for expectant inmates are reported to be "really critical". Family visits have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women reveal assaults, torture, and being denied basic supplies. Some are forced into exchanging favors with prison staff for nourishment or medicine.

"We has documented miscarriages and the loss of several infants … it is certain there are more," reports a local lawyer.

Reports also indicate women who were shackled to hospital beds during labour and delivered while observed by male officers.

Severe Overpopulation 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 rarely enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant back in prison are worrying, as evidenced by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "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!’"

These tragedies occur in wealthier countries. For example, a teenager her baby died after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. She has successfully pushed for legislation that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced 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.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Experts and those who have been incarcerated argue that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are truly what we should be investing in."