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A rights defender, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a vague offense, she was held lacking proof. Three weeks later, her relatives received a call to retrieve the remains of her infant child. The cause of death remains unexamined, and her loved ones does not know what happened or whether she obtained any care after birth.

A Global Crisis

These tragic stories are alarmingly common in prisons globally. Pregnant women are often kept in deplorable conditions and denied medical attention. Miscarriages occur, others deliver and have their babies by themselves in a detention cell. Devastatingly, infants die in custody.

"Nations think it’s a minority of women so it’s not an issue, but that is a misconception," notes a legal advocate focused on female imprisonment.

"Detention is a harmful setting for women, let alone someone who is pregnant," she explains. "There’s so much studies that indicates how damaging it is. Most prisons were built with men in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. This framework state that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of shackles on women while giving birth.

But, these guidelines are often violated around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, conditions for expectant inmates are described as "really critical". Contact with relatives have been banned, and independent monitors are denied access. Accounts with ex-inmates reveal beatings, torture, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medical supplies.

"We has documented pregnancy losses and the death of four babies … it is certain there are more," says a local lawyer.

It is also reported women who were shackled to hospital beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. The environment for raising a newborn back in prison are alarming, as evidenced by reports of babies succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a detention block with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a teenager her baby died after delivering alone in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an advocacy group. She has successfully advocated for legislation that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy 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 suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced policies for expectant mothers in the legal system. These include:

• Evaluating 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 pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Experts and people with experience contend that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, poverty, abuse and drugs – are truly what we should be focusing on."