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An advocate, while she was, was arrested near her home in March 2024. Charged with a vague offense, she was jailed lacking proof. Three weeks later, her relatives were informed to collect the remains of her infant child. The cause of death was not looked into, and the family does not know the circumstances or if she obtained any postnatal care.

A Worldwide Crisis

Situations like these are not rare in detention centers around the world. Women carrying children are often subjected to deplorable conditions and denied medical attention. Some lose their pregnancies, others begin childbirth and give birth by themselves in a cell. Sadly, some babies die in custody.

"Nations assume it’s a minority of women so it’s insignificant, but that is a misconception," says a lawyer focused on women's incarceration.

"Prison is a terrible setting for women, especially not for someone who is pregnant," she continues. "There’s so much research that indicates how damaging it is. Numerous facilities were constructed with men in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. This framework clearly say that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

But, these standards are often violated around the world. "This isn’t seen as a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal beatings, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

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

It is also reported women who were shackled to medical beds while in labor and delivered while observed by male officers.

Overcrowding and Its Impact

Statistics shows some nations as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for raising a newborn back in prison are alarming, as shown by reports of babies dying from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. She has successfully pushed for legislation that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies for pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Experts and people with experience contend that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are really what we should be investing in."