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A human rights activist, while she was, was arrested near her home in early 2024. Accused with a vague offense, she was imprisoned without evidence. Weeks afterward, her family received a call to retrieve the body of her newborn baby. The reason of death was not looked into, and the family does not know the circumstances or whether she was given any postnatal care.

A Worldwide Crisis

These tragic stories are alarmingly common in detention centers internationally. Women carrying children are often held in terrible environments and deprived of medical attention. Some miscarry, others deliver and give birth unassisted in a cell. Sadly, infants die behind bars.

"Countries think it’s a minority of women so it’s not an issue, but that is a misconception," says a lawyer focused on women's incarceration.

"Incarceration is a harmful environment for women, especially not for someone who is pregnant," she continues. "There’s so much research that shows how harmful it is. Most facilities were designed with men in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of shackles on women in childbirth.

But, these standards are often violated around the world. "This is not viewed as a global gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates detail assaults, abuse, and being denied basic supplies. Some are forced into exchanging favors with guards for food or medicine.

"We has recorded pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

It is also reported women who were shackled to hospital beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Effects

Data lists some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of babies dying from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a young woman her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for laws that ban shackling and solitary confinement for pregnant inmates in multiple states.

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 shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. This trauma later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies regarding pregnant women in the justice system. These include:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Advocates and people with experience argue that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, poverty, violence and drugs – are truly what we should be investing in."