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A human rights activist, who was, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her family received a call to collect the remains of her infant child. The reason of death has not been investigated, and her loved ones remains unaware the circumstances or whether she was given any care after birth.

A Global Problem

These tragic stories are not rare within correctional systems internationally. Women carrying children are often subjected to terrible environments and denied proper healthcare. Some lose their pregnancies, others deliver and have their babies alone in a detention cell. Sadly, infants perish while incarcerated.

"Countries assume it’s a small number of women so it’s not a problem, but that’s not true," says a lawyer dedicated to women's incarceration.

"Detention is not a good setting for women, let alone someone who is expecting," she continues. "There’s so much evidence that demonstrates how harmful it is. Numerous facilities were constructed with men in mind, so women were an secondary consideration."

Violated International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines specify 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 restraints on women during labour.

Yet, these rules are routinely ignored around the world. "This is not viewed as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In certain nations, conditions for expectant inmates are reported to be "extremely dire". Family visits have been prohibited, and rights groups are barred from entry. Accounts with ex-inmates reveal assaults, abuse, and being denied essential items. Some resort to exchanging favors with guards for food or medical supplies.

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

Accounts also tell of women who were chained to medical beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Impact

Data shows some nations as having the most severe prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by cases of infants dying from pneumonia and malnourishment behind bars.

Stories from Different Continents

In one African country, a past prisoner remembers being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were left 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 also happen in more developed nations. For example, a young woman lost her daughter after delivering unassisted in a cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for legislation that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-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.

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

Potential Reforms

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

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held on remand, especially for expectant mothers.
• Permitting the postponement of sentences for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the expert.

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