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An advocate, who was, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was held lacking proof. Weeks afterward, her relatives were informed to collect the remains of her infant child. The cause of death was not looked into, and her loved ones has no idea the circumstances or if she obtained any postnatal care.

An International Issue

Cases such as this are far from uncommon in prisons globally. Expectant mothers are often subjected to appalling situations and deprived of necessary care. Some miscarry, others deliver and give birth unassisted in a cell. Sadly, infants perish behind bars.

"Countries assume it’s a small number of women so it’s insignificant, but that is a misconception," states a legal advocate focused on female imprisonment.

"Detention is a harmful place for women, not to mention someone who is expecting," she adds. "Extensive evidence that shows how detrimental it is. Most prisons were built with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These guidelines state that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women during labour.

However, these guidelines are often violated around the world. "This is not viewed as a global 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 certain nations, situations for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and civil society are barred from entry. Accounts with formerly incarcerated women reveal assaults, torture, and being denied essential items. Some resort to trading sex with guards for nourishment or medicine.

"Our organisation has recorded pregnancy losses and the death of several infants … there will be more," says a local lawyer.

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics lists some countries as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says 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. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of infants succumbing from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a former inmate recalls being in a detention block with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her calls for help were ignored for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her cell set up an advocacy group. She has successfully advocated for laws that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards chained 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.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

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

• Evaluating non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, especially for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and people with experience contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."