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A rights defender, at 35 weeks pregnant, was detained near her home in March 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her relatives were contacted to collect the remains of her infant child. The reason of death remains unexamined, and her loved ones does not know the circumstances or whether she was given any care after birth.

A Worldwide Problem

Situations like these are far from uncommon within correctional systems around the world. Women carrying children are often subjected to appalling situations and deprived of proper healthcare. Miscarriages occur, others deliver and give birth alone in a prison cell. Sadly, some babies die while incarcerated.

"Governments believe it’s a few of women so it’s not a problem, but that is incorrect," states a lawyer focused on female imprisonment.

"Detention is a harmful environment for women, not to mention someone who is expecting," she continues. "There’s so much studies that shows how detrimental it is. Most prisons were built with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. This framework state that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. They also forbid the use of shackles on women while giving birth.

However, these rules are routinely ignored around the world. "This is not viewed as a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and rights groups are denied access. Interviews with ex-inmates describe assaults, torture, and being denied basic supplies. Some are forced into exchanging favors with prison staff for food or medical supplies.

"We has documented miscarriages and the loss of several infants … there will be more," says a rights defender.

Accounts also tell of women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Consequences

Data shows some countries as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of infants dying from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a detention block with pregnant women. 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 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 alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully pushed for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards chained her legs to the bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have implemented measures for pregnant women in the legal system. These include:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held before trial, especially for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

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

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