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A human rights activist, at 35 weeks pregnant, was detained near her home in March 2024. Accused with a crime of "illicit association", she was held without evidence. Three weeks later, her family were contacted to retrieve the body of her newborn baby. The reason of death remains unexamined, and her loved ones has no idea what happened or whether she was given any postnatal care.

A Worldwide Issue

Cases such as this are not rare in detention centers globally. Women carrying children are often subjected to appalling situations and not given necessary care. Miscarriages occur, others deliver and give birth alone in a prison cell. Devastatingly, infants die behind bars.

"Governments think it’s a minority of women so it’s not an issue, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Detention is a harmful place for women, especially not for someone who is expecting," she continues. "Extensive research that demonstrates how harmful it is. Numerous facilities were designed with men in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of incarcerated women. This framework clearly say that prison should be a final option for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of shackles on women during labour.

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

Dire Situations in Overcrowded Prisons

In certain nations, situations for expectant inmates are reported to be "really critical". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"We has documented pregnancy losses and the death of four babies … it is certain there are more," says a local lawyer.

Reports also indicate women who were shackled to hospital beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Impact

Statistics shows some nations as having the most severe prison occupancy levels in the world. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. 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 nations. For example, a young woman lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for hours, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital 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 prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

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

• Evaluating non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are really what we should be investing in."