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A human rights activist, who was, was arrested near her home in early 2024. Accused with a broad allegation, she was imprisoned without evidence. Weeks afterward, her relatives were contacted to retrieve the body of her infant child. The reason of death remains unexamined, and the family has no idea what happened or if she obtained any postnatal care.

A Global Issue

These tragic stories are not rare in prisons around the world. Pregnant women are often held in deplorable conditions and denied necessary care. Miscarriages occur, others go into labour and give birth by themselves in a prison cell. Devastatingly, infants die in custody.

"Nations believe it’s a few of women so it’s not an issue, but that is incorrect," states a lawyer dedicated to female imprisonment.

"Prison is a harmful setting for women, not to mention someone who is pregnant," she adds. "There’s so much research that demonstrates how harmful it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. These rules state that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women during labour.

But, these guidelines are often violated globally. "This is not considered a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In some countries, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are barred from entry. Accounts with ex-inmates describe assaults, abuse, and being denied essential items. Some resort to exchanging favors with guards for nourishment or medical supplies.

"Our organisation has recorded pregnancy losses and the loss of several infants … there will be more," says a rights defender.

It is also reported women who were shackled to medical beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the most severe overcrowding levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. 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 past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a young woman lost her daughter after giving birth unassisted in a cell. Her calls for help went unanswered for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to advocate. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully pushed for legislation that ban restraints and isolation for expectant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards chained her legs to the hospital bed. Doctors 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.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. This trauma later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated argue that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, poverty, violence and drugs – are really what we should be investing in."