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A human rights activist, while she was, was arrested near her residence in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were contacted to retrieve the body of her infant child. The reason of death remains unexamined, and her loved ones does not know what happened or if she received any postnatal care.

A Global Crisis

Situations like these are not rare in prisons globally. Pregnant women are often subjected to appalling situations and deprived of medical attention. Some lose their pregnancies, others begin childbirth and give birth alone in a cell. Tragically, infants perish in custody.

"Countries believe it’s a minority of women so it’s not a problem, but that is a misconception," notes a legal advocate focused on women's incarceration.

"Prison is not a good setting for women, let alone someone who is pregnant," she explains. "Extensive studies that shows how detrimental it is. Numerous facilities were designed with men in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. These rules state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also ban the use of shackles on women in childbirth.

Yet, these rules are consistently flouted around the world. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In some countries, situations for expectant inmates are described as "extremely dire". Family visits have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women describe beatings, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medical supplies.

"We has recorded pregnancy losses and the death of several infants … there will be more," reports a rights defender.

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

Overcrowding and Its Impact

Statistics shows 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 fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are alarming, as evidenced by cases of infants dying from illness and malnourishment in custody.

Stories from Around the Globe

In one African country, a former inmate remembers being in a cell with pregnant women. Cell doors were locked 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 floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors 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. Her work has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

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

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the justice system. These include:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

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

"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 truly what we should be investing in."