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An advocate, at 35 weeks pregnant, was detained near her residence in March 2024. Accused with a broad allegation, she was held without evidence. Three weeks later, her relatives were informed to retrieve the remains of her newborn baby. The cause of death has not been investigated, and the family remains unaware the circumstances or if she obtained any postnatal care.

A Global Issue

Situations like these are far from uncommon within correctional systems globally. Women carrying children are often subjected to terrible environments and deprived of proper healthcare. Miscarriages occur, others begin childbirth and have their babies by themselves in a cell. Sadly, infants die behind bars.

"Countries think it’s a few of women so it’s not an issue, but that is a misconception," notes a legal advocate working on women's incarceration.

"Prison is a terrible environment for women, let alone someone who is expecting," she explains. "There’s so much research that indicates how damaging it is. Many prisons were built with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines clearly say that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women in childbirth.

But, these guidelines are routinely ignored globally. "This isn’t seen as a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and rights groups are denied access. Interviews with formerly incarcerated women detail beatings, abuse, and being denied basic supplies. Some are forced into trading sex with prison staff for food or medical supplies.

"We 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 delivered while watched by male officers.

Overcrowding and Its Impact

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

Pregnant prisoners have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as shown by cases of infants dying from illness and malnourishment behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a young woman her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to instigate change. In the US, a woman who miscarried in her cell founded an organisation. She has successfully pushed for laws that prohibit shackling and isolation for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented measures for expectant mothers in the justice system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, especially for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and people with experience argue that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the expert.

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