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A rights defender, while she was, was detained near her residence in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her family were contacted to retrieve the remains of her infant child. The reason of death remains unexamined, and the family has no idea what happened or if she was given any postnatal care.

An International Problem

These tragic stories are alarmingly common in prisons internationally. Expectant mothers are often held in terrible environments and denied medical attention. Some lose their pregnancies, others begin childbirth and have their babies unassisted in a cell. Tragically, infants die behind bars.

"Countries assume it’s a minority of women so it’s insignificant, but that’s not true," states a legal advocate working on female imprisonment.

"Prison is not a good setting for women, not to mention someone who is expecting," she continues. "There’s so much studies that shows how detrimental it is. Most facilities were built with male inmates in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These rules specify that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. They also ban the use of shackles on women during labour.

However, these standards are often violated around the world. "This is not considered a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

"We has recorded miscarriages and the death of several infants … there will be more," reports a rights defender.

Reports also indicate women who were chained to medical beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Effects

Data lists some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by reports of infants dying from pneumonia and malnourishment behind bars.

Stories from Different Continents

In one African country, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman her baby died after delivering unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was forced to sever the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. 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 solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced policies for expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

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

"Community-based solutions that tackle the root causes of women entering the justice system – for example, poverty, abuse and substance issues – are really what we should be focusing on."