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A rights defender, who was, was detained near her home in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to retrieve the remains of her infant child. The reason of death remains unexamined, and her loved ones remains unaware the circumstances or if she received any care after birth.

A Global Issue

Situations like these are far from uncommon in prisons around the world. Expectant mothers are often held in deplorable conditions and deprived of medical attention. Some lose their pregnancies, others begin childbirth and give birth unassisted in a prison cell. Devastatingly, some babies die while incarcerated.

"Governments think it’s a small number of women so it’s insignificant, but that is a misconception," notes a legal advocate focused on female imprisonment.

"Incarceration is a harmful place for women, especially not for someone who is pregnant," she explains. "There’s so much research that indicates how damaging it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines specify that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women in childbirth.

Yet, these standards are routinely ignored globally. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In certain nations, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been banned, and rights groups are denied access. Interviews with formerly incarcerated women detail assaults, torture, and being denied essential items. Some are forced into trading sex with guards for food or medical supplies.

"Our organisation has documented pregnancy losses and the loss of four babies … there will be more," reports a rights defender.

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

Overcrowding and Its Consequences

Statistics shows some countries as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as shown by cases of infants succumbing from illness and malnourishment behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. When someone started giving birth 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 nations. In one case, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented measures for expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated argue that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and drugs – are truly what we should be investing in."