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A human rights activist, while she was, was taken into custody near her residence in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the remains of her newborn baby. The reason of death has not been investigated, and her loved ones does not know what happened or whether she obtained any postnatal care.

A Global Crisis

Cases such as this are alarmingly common in detention centers around the world. Pregnant women are often subjected to deplorable conditions and denied necessary care. Some miscarry, others deliver and give birth alone in a cell. Tragically, infants perish in custody.

"Countries think it’s a few of women so it’s insignificant, but that is incorrect," says a legal advocate working on women's incarceration.

"Incarceration is a terrible environment for women, not to mention someone who is expecting," she explains. "Extensive research that indicates how damaging it is. Many facilities were designed with male inmates in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These guidelines clearly say that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

But, these guidelines are routinely ignored 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."

Critical Conditions in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being denied essential items. Some resort to exchanging favors with guards for nourishment or medicine.

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

Reports also indicate women who were chained to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Effects

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

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of babies dying from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a detention block with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a young woman lost her daughter after delivering unassisted in a prison cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies for expectant mothers in the legal system. These include:

• Considering alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the advocate.

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