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A rights defender, while she was, was arrested near her home in early 2024. Charged with a crime of "illicit association", she was jailed without evidence. Weeks afterward, her family received a call to retrieve the remains of her newborn baby. The cause of death has not been investigated, and her loved ones remains unaware what happened or whether she received any postnatal care.

A Global Issue

Cases such as this are alarmingly common within correctional systems globally. Women carrying children are often held in appalling situations and denied proper healthcare. Some lose their pregnancies, others deliver and have their babies alone in a cell. Sadly, some babies perish while incarcerated.

"Nations assume it’s a few of women so it’s not an issue, but that is incorrect," states a lawyer dedicated to female imprisonment.

"Incarceration is not a good place for women, especially not for someone who is pregnant," she adds. "Extensive studies that shows how detrimental it is. Many facilities were designed with male inmates in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. This framework state that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women in childbirth.

But, these standards are often violated globally. "This is not viewed as a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In various regions, situations for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and civil society are denied access. Interviews with formerly incarcerated women detail beatings, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for food or medical supplies.

"We has recorded pregnancy losses and the death of several infants … it is certain there are more," reports a rights defender.

Accounts also tell of women who were chained to medical beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Impact

Statistics shows some countries as having the highest overcrowding levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for raising a newborn back in prison are worrying, as shown by cases of infants dying from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a teenager her baby died after delivering unassisted in a prison 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 chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully pushed for laws that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures regarding expectant mothers in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Introducing home detention as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be focusing on."