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A human rights activist, who was, was arrested near her home in early 2024. Charged with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her relatives were contacted to retrieve the remains of her newborn baby. The reason of death was not looked into, and the family has no idea what happened or whether she received any postnatal care.

A Global Issue

Situations like these are not rare within correctional systems around the world. Women carrying children are often kept in terrible environments and not given necessary care. Some miscarry, others deliver and give birth alone in a cell. Tragically, some babies perish in custody.

"Nations think it’s a small number of women so it’s not a problem, but that is incorrect," says a lawyer focused on female imprisonment.

"Prison is not a good setting for women, let alone someone who is expecting," she continues. "There’s so much studies that shows how damaging it is. Many facilities were constructed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of incarcerated women. These rules specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

But, these guidelines are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In some countries, situations for pregnant prisoners are described as "extremely dire". Family visits have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women describe assaults, abuse, and being denied basic supplies. Some are forced into trading sex with prison staff for nourishment or medical supplies.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," reports a rights defender.

Reports also indicate women who were shackled to hospital beds during labour and delivered while watched by male prison guards.

Severe Overpopulation and Its Impact

Data shows some nations as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as shown by reports of infants succumbing from pneumonia and malnourishment in custody.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. In one case, a young woman her baby died after giving birth alone in a cell. Her calls for help were ignored for an extended period, and she was had to sever the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully pushed for legislation that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences 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 prosecuted for many issues in the first place," argues the advocate.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."