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A human rights activist, while she was, was arrested near her residence in early 2024. Accused with a vague offense, she was held without evidence. Three weeks later, her relatives were informed to retrieve the remains of her newborn baby. The cause of death was not looked into, and the family has no idea the circumstances or if she obtained any care after birth.

A Global Problem

Situations like these are not rare in prisons globally. Pregnant women are often subjected to appalling situations and denied necessary care. Some miscarry, others begin childbirth and have their babies alone in a prison cell. Sadly, some babies perish while incarcerated.

"Governments assume it’s a few of women so it’s not an issue, but that is incorrect," says a lawyer working on female imprisonment.

"Detention is not a good environment for women, let alone someone who is expecting," she explains. "There’s so much studies that demonstrates how detrimental it is. Numerous prisons were designed with men in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines clearly say that prison should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women in childbirth.

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

Dire Situations in Packed Prisons

In some countries, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women detail beatings, torture, and being deprived of basic supplies. Some are forced into trading sex with prison staff for nourishment or medicine.

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

Accounts also tell of women who were shackled to medical beds while in labor and gave birth 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. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as evidenced by reports of babies dying from pneumonia and severe malnutrition behind bars.

Stories from Different Continents

In Zambia, a former inmate recalls being in a cell with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for hours, and she was forced to bite through the cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully advocated for laws that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies for expectant mothers in the legal system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and people with experience contend that, often, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the expert.

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