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A human rights activist, who was, was arrested near her home in early 2024. Charged with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her family were informed to retrieve the body of her infant child. The reason of death was not looked into, and her loved ones does not know what happened or if she was given any care after birth.

A Global Problem

These tragic stories are far from uncommon in prisons around the world. Pregnant women are often held in deplorable conditions and not given necessary care. Miscarriages occur, others deliver and give birth alone in a prison cell. Devastatingly, some babies perish while incarcerated.

"Nations assume it’s a minority of women so it’s not an issue, but that is incorrect," notes a lawyer working on female imprisonment.

"Incarceration is a harmful environment for women, let alone someone who is pregnant," she adds. "There’s so much studies that shows how damaging it is. Most prisons were designed with male inmates 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 female prisoners. This framework specify that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of restraints on women in childbirth.

Yet, these guidelines are often violated around the world. "This is not considered a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In certain nations, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of essential items. Reports indicate some resort to trading sex with guards for nourishment or medical supplies.

"Our organisation has recorded pregnancy losses and the death of several infants … there will be more," reports a local lawyer.

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

Overcrowding and Its Consequences

Data shows some nations as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by cases of infants dying from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, 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 begged. Others were praying. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a young woman her baby died after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for laws that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have introduced measures regarding pregnant women in the justice system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and people with experience argue that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the expert.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."