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A rights defender, who was, was detained near her residence in early 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her family were contacted to collect the remains of her newborn baby. The reason of death was not looked into, and the family has no idea what happened or whether she received any postnatal care.

A Global Issue

These tragic stories are not rare in detention centers internationally. Pregnant women are often subjected to deplorable conditions and not given necessary care. Some miscarry, others begin childbirth and give birth unassisted in a cell. Sadly, infants die behind bars.

"Governments believe it’s a small number of women so it’s not a problem, but that is incorrect," says a lawyer focused on women's incarceration.

"Prison is a harmful setting for women, especially not for someone who is expecting," she continues. "There’s so much evidence that shows how detrimental it is. Many prisons were built with men in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. These rules clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of restraints on women while giving birth.

Yet, these guidelines are routinely ignored around the world. "This isn’t seen as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Systems

In certain nations, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates describe beatings, abuse, and being denied basic supplies. Some resort to exchanging favors with prison staff for food or medical supplies.

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

It is also reported women who were chained to medical beds while in labor and delivered while watched by male officers.

Overcrowding and Its Effects

Statistics shows some nations as having the highest overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for caring for an infant back in prison are worrying, as shown by cases of babies dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a young woman lost her daughter after giving birth alone in a prison cell. Her calls for help went unanswered for hours, 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 United States, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully advocated for laws that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies regarding expectant mothers in the legal system. These include:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates 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 criminalised for numerous offenses in the beginning," says the expert.

"Community-based solutions that address the root causes of women entering the legal system – for example, poverty, violence and substance issues – are truly what we should be investing in."