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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her family received a call to collect the body of her infant child. The cause of death has not been investigated, and her loved ones has no idea what happened or whether she obtained any care after birth.

An International Crisis

Cases such as this are far from uncommon within correctional systems internationally. Expectant mothers are often kept in terrible environments and denied medical attention. Miscarriages occur, others deliver and give birth alone in a cell. Sadly, infants perish while incarcerated.

"Governments assume it’s a minority of women so it’s not an issue, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Prison is a terrible setting for women, let alone someone who is pregnant," she explains. "Extensive studies that shows how damaging it is. Most facilities were constructed with men in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These rules state that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of restraints on women during labour.

However, these guidelines are routinely ignored globally. "This is not viewed as a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In certain nations, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being denied basic supplies. Some are forced into exchanging favors with prison staff for nourishment or medicine.

"We has documented pregnancy losses and the death of several infants … there will be more," reports a rights defender.

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

Overcrowding and Its Impact

Statistics shows some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by cases of infants succumbing from illness and malnourishment in custody.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a teenager her baby died after giving birth alone in a cell. Her calls for help went unanswered for hours, and she was forced to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully pushed for legislation that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards chained her legs to the bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

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

Potential Reforms

Other countries have implemented policies for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Experts and people with experience argue that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."