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An advocate, while she was, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives received a call to retrieve the remains of her newborn baby. The cause of death remains unexamined, and the family does not know the circumstances or whether she received any care after birth.

An International Issue

Situations like these are alarmingly common in detention centers around the world. Pregnant women are often held in deplorable conditions and deprived of necessary care. Some miscarry, others go into labour and have their babies by themselves in a detention cell. Sadly, infants die behind bars.

"Nations assume it’s a minority of women so it’s insignificant, but that is a misconception," says a legal advocate dedicated to female imprisonment.

"Detention is a harmful place for women, not to mention someone who is expecting," she explains. "There’s so much evidence that indicates how detrimental it is. Numerous prisons were constructed with male inmates in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. This framework clearly say that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. They also forbid the use of restraints on women in childbirth.

Yet, these standards are consistently flouted globally. "This is not considered a global gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Prisons

In certain nations, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women detail beatings, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

"Our organisation has documented miscarriages and the death of several infants … there will be more," says a rights defender.

Reports also indicate women who were chained to hospital beds during labour and gave birth while observed by male officers.

Overcrowding and Its Impact

Data shows some nations as having the highest prison occupancy 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 restrained to hospital beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of infants succumbing from illness and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a young woman lost her daughter after giving birth alone in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the hospital bed. Hospital staff 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.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures for pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held before trial, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Advocates and people with experience contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

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