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A rights defender, at 35 weeks pregnant, was detained near her home in early 2024. Accused with a vague offense, she was imprisoned without evidence. Three weeks later, her family were informed to collect the remains of her infant child. The reason of death remains unexamined, and the family remains unaware what happened or whether she received any postnatal care.

An International Crisis

Cases such as this are far from uncommon in detention centers around the world. Women carrying children are often held in terrible environments and deprived of medical attention. Some miscarry, others begin childbirth and have their babies by themselves in a prison cell. Sadly, some babies die while incarcerated.

"Nations think it’s a minority of women so it’s not an issue, but that is incorrect," states a lawyer dedicated to female imprisonment.

"Detention is a terrible setting for women, not to mention someone who is pregnant," she explains. "There’s so much studies that demonstrates how harmful it is. Many prisons were designed with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of incarcerated women. This framework clearly say that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women while giving birth.

But, these rules are routinely ignored around the world. "This is not considered a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In some countries, 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 describe assaults, torture, and being denied essential items. Some resort to exchanging favors with prison staff for nourishment or medical supplies.

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

Reports also indicate women who were shackled to hospital beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Effects

Statistics shows some countries as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

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

Accounts from Different Continents

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a young woman her baby died after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was forced to bite through the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that ban shackling and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, officers chained her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison endure," she stated. This trauma later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

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

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and drugs – are truly what we should be focusing on."