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A human rights activist, at 35 weeks pregnant, was taken into custody near her home in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the remains of her infant child. The cause of death has not been investigated, and her loved ones does not know what happened or if she was given any care after birth.

An International Crisis

These tragic stories are not rare within correctional systems around the world. Expectant mothers are often subjected to deplorable conditions and denied necessary care. Some miscarry, others begin childbirth and give birth unassisted in a detention cell. Sadly, infants perish while incarcerated.

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

"Incarceration is a harmful place for women, not to mention someone who is expecting," she continues. "There’s so much research that demonstrates how damaging it is. Numerous facilities were constructed with male inmates in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of shackles on women during labour.

However, these guidelines are routinely ignored globally. "This isn’t seen as a worldwide priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Systems

In various regions, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Accounts with formerly incarcerated women reveal assaults, abuse, and being denied essential items. Reports indicate some are forced into exchanging favors with guards for food or medical supplies.

"Our organisation has recorded pregnancy losses and the death of several infants … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to medical beds during labour and gave birth while watched by male officers.

Overcrowding and Its Consequences

Data shows some countries as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant back in prison are worrying, as evidenced by cases of babies dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to advocate. In the US, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for legislation that ban restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced 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 informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented measures for expectant mothers in the legal system. These include:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and people with experience believe that, often, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and drugs – are truly what we should be investing in."