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A human rights activist, while she was, was taken into custody near her residence in early 2024. Charged with a vague offense, she was jailed lacking proof. Three weeks later, her relatives were contacted to retrieve the remains of her infant child. The reason of death has not been investigated, and the family does not know what happened or if she received any care after birth.

An International Issue

These tragic stories are not rare in detention centers around the world. Expectant mothers are often held in terrible environments and not given necessary care. Some miscarry, others go into labour and have their babies unassisted in a cell. Devastatingly, some babies die while incarcerated.

"Countries believe it’s a few of women so it’s insignificant, but that’s not true," states a lawyer focused on women's incarceration.

"Detention is a terrible place for women, not to mention someone who is pregnant," she explains. "Extensive research that demonstrates how detrimental it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. These rules specify that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of restraints on women while giving birth.

But, these standards are consistently flouted globally. "This is not considered a global gender-equality priority," says the advocate. "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 banned, and rights groups are denied access. Accounts with ex-inmates describe assaults, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for food or medicine.

"Our organisation has documented pregnancy losses and the loss of several infants … it is certain there are more," says a rights defender.

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Consequences

Data lists some nations as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "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."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as shown by cases of babies succumbing from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. When someone 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!’"

These tragedies occur in more developed nations. In one case, a young woman her baby died after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was had to sever the cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully pushed for laws that prohibit restraints and solitary confinement 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, officers chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish 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. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented measures regarding pregnant women in the legal system. Among them are:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and people with experience 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," argues the expert.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."