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A human rights activist, who was, was detained near her residence in early 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her family were informed to collect the remains of her infant child. The reason of death remains unexamined, and her loved ones remains unaware the circumstances or if she was given any care after birth.

A Worldwide Crisis

These tragic stories are alarmingly common in detention centers internationally. Expectant mothers are often kept in deplorable conditions and denied medical attention. Miscarriages occur, others deliver and give birth unassisted in a prison cell. Tragically, some babies die while incarcerated.

"Nations think it’s a small number of women so it’s not an issue, but that’s not true," notes a legal advocate focused on women's incarceration.

"Detention is a terrible setting for women, not to mention someone who is expecting," she explains. "Extensive research that demonstrates how damaging it is. Most prisons were built with male inmates in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These rules specify that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

Yet, these guidelines are consistently flouted globally. "This is not considered a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, situations for expectant inmates are described as "extremely dire". Contact with relatives have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women describe assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

"Our organisation has recorded miscarriages and the death of four babies … it is certain there are more," reports a local lawyer.

Accounts also tell of women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Consequences

Data lists some nations as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of babies dying from illness and severe malnutrition in custody.

Stories from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Cell doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her calls for help were ignored for hours, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for legislation that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, officers chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the legal system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the expert.

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