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An advocate, who was, was detained near her home in March 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones does not know the circumstances or if she received any postnatal care.

A Global Crisis

Cases such as this are alarmingly common within correctional systems around the world. Pregnant women are often kept in terrible environments and not given necessary care. Some lose their pregnancies, others deliver and have their babies alone in a prison cell. Devastatingly, infants perish in custody.

"Countries believe it’s a few of women so it’s not an issue, but that is a misconception," says a lawyer dedicated to women's incarceration.

"Prison is not a good setting for women, especially not for someone who is expecting," she continues. "There’s so much evidence that demonstrates how harmful it is. Numerous facilities were designed with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of female prisoners. This framework state that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also ban the use of shackles on women during labour.

However, these standards are routinely ignored around the world. "This isn’t seen as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Systems

In various regions, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women reveal assaults, abuse, and being denied essential items. Some are forced into trading sex with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of four babies … it is certain there are more," reports a rights defender.

It is also reported women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Statistics lists some nations as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as shown by reports of babies succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a former inmate recalls being in a detention block with pregnant women. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a teenager her baby died after giving birth unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her cell founded an advocacy group. Her work has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies for pregnant women in the legal system. These include:

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

Advocates and people with experience contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," 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 investing in."