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An advocate, who was, was detained near her residence in March 2024. Charged with a vague offense, she was held lacking proof. Three weeks later, her family were contacted to collect the body of her infant child. The reason of death has not been investigated, and her loved ones has no idea what happened or if she obtained any care after birth.

A Global Issue

Cases such as this are far from uncommon in detention centers around the world. Women carrying children are often held in terrible environments and denied necessary care. Some miscarry, others deliver and have their babies by themselves in a cell. Sadly, infants perish behind bars.

"Governments assume it’s a few of women so it’s insignificant, but that’s not true," states a legal advocate dedicated to women's incarceration.

"Incarceration is not a good setting for women, not to mention someone who is expecting," she adds. "Extensive studies that shows how harmful it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. This framework specify that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of shackles on women in childbirth.

Yet, these guidelines are routinely ignored around the world. "This isn’t seen as a global gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In certain nations, situations for expectant inmates are reported to be "really critical". Family visits have been banned, and civil society are barred from entry. Accounts with ex-inmates reveal assaults, abuse, and being denied essential items. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.

"We has recorded pregnancy losses and the loss of four babies … there will be more," reports a local lawyer.

It is also reported women who were chained to hospital beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Consequences

Data shows some nations as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as shown by cases of infants dying from illness and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the cord on her own.

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 miscarried in her prison cell set up an organisation. She has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards shackled her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented policies regarding pregnant women in the justice system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, destitution, violence and drugs – are truly what we should be focusing on."