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A human rights activist, while she was, was taken into custody near her home in March 2024. Charged with a vague offense, she was held lacking proof. Weeks afterward, her relatives were informed to retrieve the remains of her infant child. The reason of death has not been investigated, and her loved ones has no idea the circumstances or if she received any postnatal care.

A Worldwide Crisis

These tragic stories are far from uncommon in detention centers around the world. Expectant mothers are often kept in terrible environments and not given proper healthcare. Some lose their pregnancies, others deliver and give birth alone in a prison cell. Tragically, infants die while incarcerated.

"Countries believe it’s a minority of women so it’s not an issue, but that’s not true," states a legal advocate focused on female imprisonment.

"Prison is not a good place for women, especially not for someone who is expecting," she adds. "Extensive evidence that shows how detrimental it is. Most facilities were built with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the creation of the UN's Bangkok Rules for the handling of female prisoners. This framework state that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of restraints on women during labour.

But, these rules are routinely ignored around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Systems

In certain nations, situations for expectant inmates are reported to be "really critical". Contact with relatives have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail beatings, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medical supplies.

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

It is also reported women who were chained to hospital beds during labour and delivered while observed by male officers.

Overcrowding and Its Effects

Data lists some countries as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn back in prison are alarming, as evidenced by reports of infants dying from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell 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 hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. In one case, a young woman lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her cell founded an advocacy group. Her work has successfully pushed for legislation that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Experts and people with experience contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and substance issues – are really what we should be investing in."