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A human rights activist, who was, was detained near her home in early 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her relatives received a call to retrieve the body of her newborn baby. The reason of death was not looked into, and her loved ones does not know what happened or if she received any care after birth.

A Global Issue

Situations like these are alarmingly common in detention centers around the world. Expectant mothers are often held in terrible environments and denied medical attention. Some lose their pregnancies, others go into labour and give birth unassisted in a detention cell. Devastatingly, some babies die behind bars.

"Nations think it’s a small number of women so it’s insignificant, but that is incorrect," notes a lawyer focused on women's incarceration.

"Prison is not a good setting for women, especially not for someone who is expecting," she adds. "Extensive evidence that demonstrates how damaging it is. Most prisons were designed with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines state that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women while giving birth.

Yet, these rules are often violated globally. "This is not viewed as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In some countries, situations for expectant inmates are described as "really critical". Family visits have been banned, and civil society are denied access. Interviews with ex-inmates reveal assaults, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medical supplies.

"Our organisation has documented pregnancy losses and the loss of several infants … it is certain there are more," says a local lawyer.

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

Overcrowding and Its Effects

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

Expectant inmates have been handcuffed to beds prior to delivery. The environment for raising a newborn back in prison are alarming, as shown by reports of infants succumbing from illness and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a former inmate recalls 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 asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a teenager her baby died after giving birth unassisted in a cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers chained her legs to the bed. Doctors performed a C-section. While still groggy, 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 obstetric violence. It should not have occurred, but this is what women in prison endure," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held on remand, particularly for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and drugs – are really what we should be investing in."