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An advocate, who was, was arrested near her home in early 2024. Accused with a crime of "illicit association", she was held lacking proof. Weeks afterward, her relatives received a call to retrieve the remains of her newborn baby. The cause of death was not looked into, and the family remains unaware what happened or if she obtained any postnatal care.

An International Crisis

Situations like these are far from uncommon in detention centers around the world. Expectant mothers are often subjected to terrible environments and not given proper healthcare. Some miscarry, others deliver and give birth by themselves in a detention cell. Tragically, infants die behind bars.

"Nations assume it’s a minority of women so it’s insignificant, but that’s not true," says a lawyer focused on women's incarceration.

"Prison is not a good setting for women, especially not for someone who is pregnant," she adds. "There’s so much studies that demonstrates how harmful it is. Many facilities were constructed with men in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of incarcerated women. These rules clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women in childbirth.

However, these standards are often violated around the world. "This is not viewed as a worldwide priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Family visits have been banned, and civil society are barred from entry. Accounts with ex-inmates detail assaults, abuse, and being denied basic supplies. Some are forced into exchanging favors with prison staff for nourishment or medical supplies.

"Our organisation has recorded pregnancy losses and the loss of several infants … there will be more," says a rights defender.

Reports also indicate women who were chained to hospital beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Consequences

Statistics shows some nations as having the most severe prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by cases of infants succumbing from pneumonia and malnourishment in custody.

Accounts from Different Continents

In one African country, a former inmate remembers being in a detention block with pregnant women. Cell doors were secured overnight. When someone started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. In one case, a young woman her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully pushed for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies regarding pregnant women in the legal system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing 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, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, destitution, abuse and drugs – are really what we should be focusing on."