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A human rights activist, while she was, was detained near her residence in March 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or whether she was given any care after birth.

A Global Problem

These tragic stories are far from uncommon in prisons globally. Pregnant women are often subjected to deplorable conditions and denied proper healthcare. Some miscarry, others deliver and give birth by themselves in a cell. Devastatingly, infants perish behind bars.

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

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

Ignored Global Standards

It has been 15 years since the establishment of the UN's Bangkok Rules for the handling of female prisoners. These rules state that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women while giving birth.

Yet, these standards are routinely ignored around the world. "This isn’t seen as a worldwide priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Prisons

In some countries, conditions for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and rights groups are denied access. Interviews with formerly incarcerated women reveal beatings, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medicine.

"Our organisation has documented pregnancy losses and the death of four babies … there will be more," reports a local lawyer.

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

Overcrowding and Its Impact

Statistics lists some nations as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as shown by cases of babies dying from pneumonia and malnourishment behind bars.

Stories from Different Continents

In one African country, a former inmate recalls being in a detention block with expectant mothers. Doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a young woman lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean 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. It should never have happened, but this is what women in prison endure," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures regarding pregnant women in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held on remand, particularly for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and people with experience argue that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and drugs – are really what we should be investing in."