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A human rights activist, who was, was taken into custody near her home in March 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives received a call to collect the body of her newborn baby. The cause of death remains unexamined, and her loved ones does not know the circumstances or if she obtained any care after birth.

An International Crisis

Cases such as this are alarmingly common in prisons globally. Women carrying children are often kept in terrible environments and denied medical attention. Miscarriages occur, others go into labour and have their babies unassisted in a prison cell. Devastatingly, infants die behind bars.

"Nations think it’s a minority of women so it’s not an issue, but that’s not true," says a legal advocate working on women's incarceration.

"Incarceration is a terrible setting for women, let alone someone who is expecting," she explains. "Extensive evidence that indicates how damaging it is. Many prisons were built with men in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of incarcerated women. These rules state that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. They also ban the use of restraints on women during labour.

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

Severe Hardships in Packed Prisons

In various regions, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and independent monitors are denied access. Accounts with ex-inmates describe beatings, torture, and being denied basic supplies. Reports indicate some are forced into trading sex with guards for food or medical supplies.

"We has recorded miscarriages and the death of four babies … it is certain there are more," reports a local lawyer.

Reports also indicate women who were shackled to hospital beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Data shows some nations as having the highest prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

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

Stories from Different Continents

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a teenager her baby died after delivering unassisted in a cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her cell founded an organisation. Her work has successfully advocated for laws that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have implemented measures regarding pregnant women in the justice system. Among them are:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are really what we should be focusing on."