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change the baby’s soiled nappy. The women pleaded repeatedly with the police but were told that they
"should have stayed at home if they wanted better treatment." In the evening, Rumbidzai was transferred
together with 13 other protesters, including another woman with a small baby, to Queens Park police station.
She was only allowed to change the baby’s nappy around midnight after lawyers finally managed to obtain
access. As a result the baby developed an infection and Rumbidzai had to seek medical care.(45)
Women forced to stop breastfeeding
Another woman was forced to stop breastfeeding her baby after being arrested and detained at Harare
Central police station following a demonstration organised by the National Constitutional Assembly in
February 2003. She had travelled to Harare from Bulawayo early in the morning to take part in the
demonstration, intending to go back to Bulawayo that afternoon so she could breastfeed. However, she was
arrested and detained, and despite pleading with the police to be allowed to return to Bulawayo that day to
breastfeed her baby, she was kept in detention until the following day. Police told her that if she had a baby
she should not have been demonstrating.(46)
Pregnant women detained overnight
On 1 December 2005, Gladys, an activist with the Women and AIDS Support Network, was arrested by
police for attempting to participate in a peaceful march on Harare’s First Street, as part of a campaign in
support of women’s access to anti-retroviral therapy. The march had been sanctioned by the police. Despite
the fact that Gladys was six months pregnant, she was detained overnight at Harare Central police station in
a very cold cell with no blankets.
Amnesty International is deeply concerned that the Zimbabwe Republic Police have demonstrated total
disregard for the rights of arrested and detained women human rights defenders who are pregnant or
mothers or carers of young children. Such disregard results in violations of women’s and children’s human
rights.
Amnesty International also spoke to women human rights defenders who are concerned about the welfare of
family members, particularly small children, who are often left without care while the mothers are in
detention. Women human rights defenders having day-to-day responsibility for care of young children or
elderly parents, often find it hard to continue their human rights work knowing that arrest and detention
would prevent them from fulfilling that role in the family.
The Universal Declaration of Human Rights states that "Motherhood and childhood are entitled to special
care and assistance. All children … shall enjoy the same social protection." (Article 25(2)).
In accordance with the International Covenant on Economic, Social and Cultural Rights, states must give
"the widest possible protection and assistance" to the family as "the natural and fundamental group unit of
society", particularly "while it is responsible for the care and education of dependent children". (Article 10). It
also requires that "special protection should be accorded to mothers during a reasonable period before and
after childbirth." (Article 10(2)).
The Convention on the Rights of the Child requires: "In all actions concerning children, whether undertaken
by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies,
the best interests of the child shall be a primary consideration." It also binds states parties to ensuring "the
child such protection and care as is necessary for his or her well-being, taking into account the rights and
duties of his or her parents." (Article 3). Furthermore, states have to "ensure that a child shall not be
separated from his or her parents against their will, except when competent authorities subject to judicial
review determine, in accordance with applicable law and procedures, that such separation is necessary for
the best interests of the child." (Article 9).
Acknowledging "that women most of the time have major responsibilities for children", the Sixth UN
Congress on the Prevention of Crime and the Treatment of Offenders accordingly recommended that states
"ensure that the woman offender is treated fairly and equally during arrest, trial, sentence and imprisonment,
particular attention being paid to the special problems which women offenders encounter, such as
pregnancy and child care".(47) In its General Comment 28 on the equality of rights between men and
women, the UN Human Rights Committee has noted: "Pregnant women who are deprived of their liberty
should receive humane treatment and respect for their inherent dignity at all times and in particular during
the birth and while caring for their newborn children."
While relevant to the sentencing of mothers, these human rights obligations must also be heeded in relation
to the arrest and pre-trial detention of women who are (or are about to become) mothers. Giving due