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An advocate, at 35 weeks pregnant, was arrested near her home in early 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her relatives received a call to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or whether she received any care after birth.

An International Issue

These tragic stories are far from uncommon in prisons internationally. Women carrying children are often held in appalling situations and denied proper healthcare. Some miscarry, others deliver and give birth by themselves in a detention cell. Tragically, infants perish in custody.

"Countries believe it’s a few of women so it’s not an issue, but that is a misconception," states a legal advocate working on women's incarceration.

"Detention is not a good environment for women, let alone someone who is pregnant," she adds. "There’s so much studies that shows how harmful it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women during labour.

However, these rules are routinely ignored around the world. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Prisons

In various regions, situations for expectant inmates are described as "really critical". Contact with relatives have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women reveal beatings, torture, and being deprived of basic supplies. Some resort to exchanging favors with prison staff for nourishment or medicine.

"We has documented miscarriages and the loss of several infants … there will be more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds during labour and gave birth while observed by male officers.

Overcrowding and Its Consequences

Statistics shows some nations as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of babies dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls 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 praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a teenager 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 cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested 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 never have happened, but this is what women in prison endure," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies regarding pregnant women in the justice system. Among them are:

• Considering non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of prison terms for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and substance issues – are really what we should be focusing on."