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A human rights activist, while she was, was taken into custody near her home in early 2024. Accused with a crime of "illicit association", she was jailed without evidence. Weeks afterward, her relatives were informed to collect the remains of her infant child. The reason of death has not been investigated, and her loved ones does not know what happened or if she was given any postnatal care.

A Global Issue

These tragic stories are not rare in detention centers around the world. Women carrying children are often subjected to appalling situations and deprived of medical attention. Miscarriages occur, others deliver and give birth unassisted in a detention cell. Tragically, some babies perish behind bars.

"Governments assume it’s a minority of women so it’s insignificant, but that’s not true," notes a lawyer focused on women's incarceration.

"Detention is a harmful setting for women, let alone someone who is pregnant," she continues. "There’s so much research that indicates how harmful it is. Numerous prisons were designed with men in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the establishment of the UN's Bangkok Rules for the handling of female prisoners. These guidelines clearly say that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women in childbirth.

Yet, these standards are often violated around the world. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Systems

In certain nations, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women detail beatings, abuse, and being deprived of essential items. Reports indicate some are forced into trading sex with guards for nourishment or medical supplies.

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

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

Severe Overpopulation and Its Effects

Statistics lists some countries as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are alarming, as shown by cases of babies dying from illness and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager her baby died after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for legislation that ban shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. 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.

Alternatives and Solutions

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

• Evaluating non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Experts and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the expert.

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