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A rights defender, at 35 weeks pregnant, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her family were contacted to retrieve the body of her infant child. The cause of death was not looked into, and the family has no idea what happened or whether she received any postnatal care.

A Worldwide Issue

Situations like these are alarmingly common in prisons around the world. Pregnant women are often kept in terrible environments and denied necessary care. Miscarriages occur, others deliver and have their babies alone in a detention cell. Sadly, infants perish while incarcerated.

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

"Incarceration is not a good setting for women, let alone someone who is expecting," she continues. "Extensive evidence that indicates how harmful it is. Many facilities were built with men in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines specify that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women while giving birth.

Yet, these guidelines are often violated globally. "This is not considered a global priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In various regions, situations for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and civil society are denied access. Interviews with ex-inmates detail assaults, torture, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

"We has documented miscarriages and the loss of several infants … there will be more," says a local lawyer.

It is also reported women who were shackled to medical beds during labour and delivered while observed by male officers.

Overcrowding and Its Effects

Statistics lists some nations as having the highest overcrowding levels in the world. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of babies succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a detention block with pregnant women. Doors were secured 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 hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for laws that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean 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.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced measures regarding pregnant women in the justice system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Advocates and people with experience argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the advocate.

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