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A rights defender, at 35 weeks pregnant, was taken into custody near her home in March 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her family received a call to collect the body of her infant child. The reason of death was not looked into, and the family remains unaware what happened or whether she received any care after birth.

A Global Problem

Situations like these are not rare in detention centers around the world. Women carrying children are often subjected to appalling situations and not given medical attention. Some miscarry, others begin childbirth and give birth alone in a prison cell. Tragically, some babies die in custody.

"Countries believe it’s a small number of women so it’s not an issue, but that is a misconception," states a legal advocate focused on female imprisonment.

"Detention is a terrible place for women, let alone someone who is expecting," she explains. "Extensive research that shows how damaging it is. Most prisons were designed with male inmates 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 incarcerated women. These rules specify that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women while giving birth.

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

Severe Hardships in Packed Prisons

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and civil society are barred from entry. Accounts with ex-inmates describe beatings, torture, and being deprived of basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medical supplies.

"We has documented miscarriages and the death of several infants … there will be more," says a local lawyer.

Accounts also tell of women who were chained to medical beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest prison occupancy levels in the globe. 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."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of babies dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a cell with pregnant women. Cell doors were secured 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 doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a teenager her baby died after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for laws that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. 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.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

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

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."