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An advocate, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Charged with a crime of "illicit association", she was held without evidence. Weeks afterward, her family were contacted to collect the body of her newborn baby. The reason of death has not been investigated, and the family does not know the circumstances or if she was given any care after birth.

A Worldwide Problem

These tragic stories are not rare in prisons globally. Pregnant women are often kept in deplorable conditions and not given necessary care. Miscarriages occur, others go into labour and have their babies by themselves in a detention cell. Devastatingly, some babies die in custody.

"Governments believe it’s a small number of women so it’s insignificant, but that’s not true," states a legal advocate focused on women's incarceration.

"Detention is not a good environment for women, especially not for someone who is pregnant," she adds. "There’s so much evidence that indicates how detrimental it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. This framework clearly say that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of restraints on women during labour.

However, 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 shame and prejudice."

Severe Hardships in Packed Prisons

In some countries, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women detail beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the death of four babies … there will be more," reports a rights defender.

It is also reported women who were shackled to hospital beds during labour and delivered while watched by male officers.

Overcrowding and Its Impact

Data lists some nations as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as evidenced by cases of babies dying from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors 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. She has successfully advocated for laws that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, guards chained her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies regarding expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and people with experience believe that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Community-based solutions that address the root causes of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."