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A human rights activist, who was, was detained near her residence in early 2024. Charged with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her family were contacted to collect the remains of her infant child. The cause of death was not looked into, and her loved ones has no idea the circumstances or whether she was given any care after birth.

An International Problem

Cases such as this are alarmingly common within correctional systems around the world. Expectant mothers are often subjected to deplorable conditions and deprived of medical attention. Some miscarry, others begin childbirth and have their babies alone in a detention cell. Tragically, some babies perish while incarcerated.

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

"Detention is not a good setting for women, not to mention someone who is expecting," she adds. "Extensive evidence that shows how detrimental it is. Numerous facilities were built with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. This framework state that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also forbid the use of shackles on women in childbirth.

But, these rules are routinely ignored around the world. "This is not viewed as a global gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Prisons

In some countries, conditions for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women describe beatings, abuse, and being denied basic supplies. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

"We has recorded pregnancy losses and the loss of four babies … there will be more," says a local lawyer.

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

Severe Overpopulation and Its Impact

Statistics shows some countries as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as evidenced by cases of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a cell with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the doors, screaming: ‘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 prison cell. Her calls for help went unanswered for hours, and she was forced to bite through the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

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

Alternatives and Solutions

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

• Considering alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the expert.

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."