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A human rights activist, who was, was detained near her home in early 2024. Accused with a broad allegation, she was jailed lacking proof. Weeks afterward, her family were contacted to retrieve the remains of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware what happened or whether she obtained any care after birth.

An International Problem

Cases such as this are not rare within correctional systems globally. Women carrying children are often held in deplorable conditions and deprived of necessary care. Some miscarry, others go into labour and give birth by themselves in a cell. Tragically, some babies perish in custody.

"Nations assume it’s a few of women so it’s insignificant, but that is incorrect," notes a legal advocate dedicated to women's incarceration.

"Detention is a harmful setting for women, let alone someone who is pregnant," she adds. "Extensive evidence that demonstrates how detrimental it is. Numerous prisons were constructed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. This framework specify that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. They also ban the use of shackles on women while giving birth.

Yet, these standards are consistently flouted globally. "This is not considered a worldwide priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Systems

In certain nations, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women detail assaults, torture, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

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

Accounts also tell of women who were shackled to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Effects

Data lists some nations as having the highest prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. The environment for raising a newborn upon return in prison are alarming, as shown by reports of infants succumbing from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a teenager her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. She has successfully pushed for laws that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the postponement of sentences 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. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, destitution, violence and substance issues – are truly what we should be focusing on."