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A rights defender, at 35 weeks pregnant, was arrested near her residence in March 2024. Charged with a broad allegation, she was held lacking proof. Weeks afterward, her relatives received a call to collect the remains of her newborn baby. The reason of death has not been investigated, and her loved ones remains unaware the circumstances or if she obtained any care after birth.

A Worldwide Issue

These tragic stories are alarmingly common in detention centers around the world. Pregnant women are often held in deplorable conditions and not given medical attention. Some miscarry, others deliver and have their babies by themselves in a cell. Tragically, some babies die while incarcerated.

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

"Incarceration is a terrible setting for women, let alone someone who is pregnant," she adds. "There’s so much research that shows how harmful it is. Numerous prisons were built with male inmates in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. This framework state that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women during labour.

But, these standards are often violated around the world. "This is not considered a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Systems

In various regions, situations for expectant inmates are described as "really critical". Family visits have been prohibited, and rights groups are barred from entry. Interviews with ex-inmates describe beatings, torture, and being denied basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of four babies … it is certain there are more," says a rights defender.

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

Overcrowding and Its Consequences

Data lists some countries as having the highest 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 exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as evidenced by reports of babies succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In one African country, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman lost her daughter after giving birth alone in a cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. 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 caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. 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 policies regarding pregnant women in the legal system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Experts 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 prosecuted for many issues in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, poverty, violence and drugs – are really what we should be investing in."