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A human rights activist, while she was, was taken into custody near her residence in March 2024. Charged with a vague offense, she was jailed lacking proof. Weeks afterward, her family were informed to collect the remains of her infant child. The reason of death remains unexamined, and her loved ones has no idea the circumstances or whether she was given any care after birth.

A Worldwide Issue

Situations like these are not rare in prisons internationally. Expectant mothers are often kept in terrible environments and denied proper healthcare. Some miscarry, others go into labour and give birth unassisted in a prison cell. Tragically, some babies perish behind bars.

"Countries believe it’s a small number of women so it’s not an issue, but that is a misconception," states a legal advocate working on female imprisonment.

"Incarceration is a terrible environment for women, especially not for someone who is pregnant," she explains. "Extensive evidence that demonstrates how harmful it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

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

Yet, these guidelines are often violated globally. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, situations for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Accounts with ex-inmates reveal assaults, torture, and being denied basic supplies. Some are forced into trading sex with prison staff for food or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … there will be more," reports a local lawyer.

Reports also indicate women who were shackled to medical beds while in labor and delivered while watched by male officers.

Overcrowding and Its Impact

Data lists some countries as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

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

Stories from Different Continents

In one African country, a past prisoner recalls being in a cell with expectant mothers. 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 hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a teenager her baby died after delivering alone in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy 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 suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies regarding expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and people with experience contend that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."