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A human rights activist, who was, was arrested near her home in March 2024. Charged with a vague offense, she was held without evidence. Weeks afterward, her family received a call to collect the body of her infant child. The reason of death has not been investigated, and her loved ones has no idea what happened or whether she obtained any postnatal care.

An International Issue

Situations like these are alarmingly common within correctional systems internationally. Pregnant women are often subjected to terrible environments and denied medical attention. Some miscarry, others begin childbirth and give birth unassisted in a detention cell. Sadly, infants die in custody.

"Countries assume it’s a minority of women so it’s not a problem, but that is incorrect," says a lawyer dedicated to women's incarceration.

"Prison is not a good place for women, not to mention someone who is pregnant," she continues. "Extensive research that shows how harmful it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. This framework state that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of restraints on women during labour.

Yet, these guidelines are often violated around the world. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In various regions, situations for pregnant prisoners are described as "really critical". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates detail beatings, abuse, and being deprived of basic supplies. Some are forced into trading sex with prison staff for food or medical supplies.

"Our organisation has documented miscarriages and the loss of four babies … there will be more," says a rights defender.

Accounts also tell of women who were chained to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Effects

Statistics lists some nations as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as shown by cases of babies dying from illness and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. When someone 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 ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a teenager her baby died after delivering alone in a cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her cell set up an advocacy group. She has successfully pushed for legislation that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. During her delivery, officers chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

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

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held before trial, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience argue that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are really what we should be focusing on."