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A rights defender, who was, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was jailed without evidence. Weeks afterward, her relatives were contacted to collect the remains of her infant child. The cause of death has not been investigated, and her loved ones has no idea the circumstances or if she received any postnatal care.

An International Issue

These tragic stories are far from uncommon in detention centers internationally. Women carrying children are often subjected to terrible environments and not given proper healthcare. Some lose their pregnancies, others go into labour and give birth alone in a detention cell. Devastatingly, infants perish behind bars.

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

"Detention is not a good place for women, especially not for someone who is pregnant," she continues. "There’s so much research that shows how damaging it is. Numerous facilities were designed with men in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women in childbirth.

Yet, these guidelines are routinely ignored around the world. "This is not viewed as a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In certain nations, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women detail beatings, torture, and being denied basic supplies. Reports indicate some resort to trading sex with guards for food or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … there will be more," reports a local lawyer.

Reports also indicate women who were chained to hospital beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Impact

Statistics shows some nations as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by reports of babies succumbing from illness and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a young woman her baby died after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Experts and people with experience argue that, in most cases, pregnant women should not be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the advocate.

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