Troubling number of women denied constitutional rights based on pregnancy

Hundreds of women have been arrested, convicted, jailed, detained in mental institutions or forced to endure medical procedures as a result of the “criminalisation of pregnancy” over the last four decades, a new report has found.

In the first study of its kind, to be published on Tuesday, researchers from the National Advocates for Pregnant Women (NAPW) identified 413 criminal and civil cases across 44 states involving the arrests, detentions and equivalent deprivations of pregnant women’s liberty between 1973 and 2005. NAWP said that it is aware of a further 250 cases since 2005. Both figures are likely to be underestimates, it said.

The report, which will appear in the Journal of Health Politics, Policy and Law, found that women were denied a wide range of basic human rights, including the right to life, liberty, equal protection and due process of law “based solely on their pregnancy status”.