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A human rights activist, while she was, was detained near her home in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family were contacted to retrieve the remains of her newborn baby. The reason of death has not been investigated, and her loved ones does not know the circumstances or whether she received any postnatal care.

A Worldwide Problem

Situations like these are far from uncommon within correctional systems globally. Women carrying children are often subjected to deplorable conditions and denied proper healthcare. Some lose their pregnancies, others go into labour and give birth unassisted in a detention cell. Devastatingly, infants die while incarcerated.

"Countries believe it’s a few of women so it’s not an issue, but that is incorrect," notes a legal advocate focused on female imprisonment.

"Prison is a harmful setting for women, let alone someone who is expecting," she adds. "Extensive studies that indicates how harmful it is. Many facilities were constructed with men in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines state that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women while giving birth.

Yet, these guidelines are routinely ignored globally. "This is not viewed as a global gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In certain nations, conditions for expectant inmates are described as "extremely dire". Family visits have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women detail beatings, torture, and being denied basic supplies. Some are forced into exchanging favors with guards for nourishment or medical supplies.

"Our organisation has recorded miscarriages and the death of four babies … there will be more," says a rights defender.

It is also reported women who were chained to hospital beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Effects

Data lists some countries as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a young woman her baby died after delivering unassisted in a cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for legislation that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures for pregnant women in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue 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 first place," argues the advocate.

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