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An advocate, at 35 weeks pregnant, was arrested near her residence in early 2024. Accused with a vague offense, she was imprisoned without evidence. Three weeks later, her relatives were informed to retrieve the body of her newborn baby. The reason of death was not looked into, and her loved ones has no idea what happened or whether she obtained any care after birth.

An International Issue

These tragic stories are far from uncommon in detention centers internationally. Women carrying children are often held in deplorable conditions and deprived of proper healthcare. Some miscarry, others begin childbirth and have their babies by themselves in a prison cell. Sadly, infants die behind bars.

"Countries think it’s a few of women so it’s not a problem, but that’s not true," notes a legal advocate working on women's incarceration.

"Prison is a harmful environment for women, not to mention someone who is expecting," she explains. "There’s so much studies that indicates how harmful it is. Most prisons were constructed with men in mind, so women were an afterthought."

Ignored UN Rules

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These guidelines state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of shackles on women in childbirth.

Yet, these rules are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In certain nations, conditions for expectant inmates are described as "really critical". Family visits have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women reveal assaults, abuse, and being deprived of essential items. Some are forced into trading sex with prison staff for nourishment or medical supplies.

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

Reports also indicate women who were chained to hospital beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Consequences

Data lists some countries as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn back in prison are alarming, as shown by cases of babies dying from illness and malnourishment behind bars.

Stories from Different Continents

In one African country, a past prisoner remembers being in a cell with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager her baby died after giving birth alone in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her cell founded an advocacy group. Her work has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, officers chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures for expectant mothers in the legal system. These include:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and people with experience argue that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the advocate.

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