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An advocate, while she was, was detained near her residence in March 2024. Accused with a vague offense, she was held lacking proof. Weeks afterward, her family received a call to collect the body of her infant child. The cause of death has not been investigated, and the family does not know what happened or if she obtained any care after birth.

An International Crisis

Cases such as this are alarmingly common in detention centers globally. Expectant mothers are often subjected to appalling situations and denied medical attention. Miscarriages occur, others begin childbirth and have their babies by themselves in a prison cell. Sadly, some babies die behind bars.

"Nations think it’s a minority of women so it’s not an issue, but that’s not true," states a lawyer focused on women's incarceration.

"Prison is a terrible place for women, especially not for someone who is pregnant," she adds. "Extensive research that shows how detrimental it is. Most prisons were built with men in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines state that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women while giving birth.

Yet, these rules are consistently flouted globally. "This is not viewed as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In some countries, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and rights groups are barred from entry. Interviews with ex-inmates reveal assaults, abuse, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … it is certain there are more," says a rights defender.

It is also reported women who were chained to medical beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Effects

Statistics lists some countries as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as shown by cases of infants succumbing from illness and malnourishment behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. 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 praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully advocated for legislation that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

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

Potential Reforms

Other countries have introduced measures for pregnant women in the justice system. These include:

• Considering alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated argue that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."