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An advocate, while she was, was arrested near her residence in early 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her family received a call to collect the body of her infant child. The cause of death remains unexamined, and her loved ones does not know the circumstances or if she obtained any care after birth.

A Worldwide Crisis

Cases such as this are far from uncommon in detention centers internationally. Pregnant women are often kept in deplorable conditions and denied medical attention. Some miscarry, others deliver and have their babies unassisted in a detention cell. Devastatingly, infants perish while incarcerated.

"Governments assume it’s a few of women so it’s not an issue, but that’s not true," notes a lawyer dedicated to women's incarceration.

"Prison is not a good environment for women, not to mention someone who is expecting," she adds. "Extensive studies that demonstrates how harmful it is. Numerous facilities were constructed with men in mind, so women were an secondary consideration."

Violated International Guidelines

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

However, these guidelines are routinely ignored around the world. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are reported to be "really critical". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail beatings, torture, and being deprived of essential items. Some resort to trading sex with prison staff for food or medical supplies.

"Our organisation has documented miscarriages 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 officers.

Overcrowding and Its Consequences

Statistics lists some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by cases of babies dying from pneumonia and malnourishment in custody.

Accounts from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for laws that ban shackling and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced measures for expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Experts and people with experience argue that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses 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 substance issues – are truly what we should be focusing on."