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An advocate, while she was, was arrested near her residence in early 2024. Accused with a broad allegation, she was jailed without evidence. Weeks afterward, her family were informed to retrieve the body of her newborn baby. The reason of death has not been investigated, and her loved ones does not know the circumstances or whether she received any postnatal care.

A Worldwide Issue

Situations like these are alarmingly common within correctional systems around the world. Pregnant women are often kept in appalling situations and denied medical attention. Some miscarry, others go into labour and give birth alone in a detention cell. Tragically, some babies perish behind bars.

"Governments believe it’s a minority of women so it’s insignificant, but that’s not true," says a lawyer working on women's incarceration.

"Incarceration is a harmful setting for women, let alone someone who is pregnant," she adds. "There’s so much studies that indicates how harmful it is. Many facilities 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 treatment of female prisoners. These guidelines state that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of shackles on women during labour.

But, these guidelines are often violated around the world. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In certain nations, situations for pregnant prisoners are reported to be "really critical". Family visits have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being denied basic supplies. Reports indicate some resort to exchanging favors with guards for food or medicine.

"We has documented pregnancy losses and the loss of several infants … it is certain there are more," reports a local lawyer.

Accounts also tell of women who were shackled to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Consequences

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

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are alarming, as shown by cases of infants succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a young woman lost her daughter after giving birth alone in a cell. Her calls for help went unanswered for an extended period, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to advocate. In the US, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for laws that ban restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

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

Potential Reforms

Other countries have introduced measures for pregnant women in the justice system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," argues the advocate.

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