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A human rights activist, who was, was arrested near her home in March 2024. Charged with a broad allegation, she was imprisoned without evidence. Weeks afterward, her family received a call to collect the remains of her infant child. The reason of death was not looked into, and the family remains unaware the circumstances or if she was given any postnatal care.

A Worldwide Problem

These tragic stories are alarmingly common within correctional systems around the world. Pregnant women are often held in appalling situations and deprived of proper healthcare. Some miscarry, others deliver and give birth unassisted in a detention cell. Sadly, some babies die behind bars.

"Governments think it’s a few of women so it’s insignificant, but that is a misconception," says a legal advocate focused on women's incarceration.

"Detention is a terrible setting for women, let alone someone who is pregnant," she continues. "Extensive research that demonstrates how damaging it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These rules state that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of shackles on women while giving birth.

Yet, these rules are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Systems

In certain nations, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Accounts with formerly incarcerated women detail beatings, abuse, and being deprived of basic supplies. Some are forced into trading sex with guards for nourishment or medical supplies.

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

It is also reported women who were shackled to hospital beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable 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 beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as evidenced by cases of infants dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a teenager her baby died after delivering alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her cell set up an advocacy group. She has successfully pushed for laws that prohibit restraints and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. This trauma later informed official guidelines around childbirth in detention.

Alternatives and Solutions

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

• Evaluating non-custodial options for accused women who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and people with experience contend that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are truly what we should be focusing on."