Brazilian mothers and pregnant women accused of non-violent crimes are being illegally detained and held in pretrial detention in spite of a new law that explicitly bans this, a leading human rights organisation has warned.

Human Rights Watch found courts have been slow to implement new legal protections for mothers - some of whom have small children and others who have offspring with disabilities - and pregnant women. They found they had ignored them completely in some cases.

In 2018, a series of Supreme Court rulings and a new law put strict new limits on courts’ power to order pretrial detention for mothers and pregnant women.

The law now mandates house arrest instead of pretrial detention for pregnant women, mothers of people with disabilities, and mothers of children under 12, apart from for those accused of violent crimes or of crimes against their dependents.

“Brazilian law could not be clearer that the mothers of small children or of people with disabilities and pregnant women should not be behind bars while awaiting trial for non-violent crimes,” Maria Laura Canineu, Brazil director at Human Rights Watch, said.

Jair Bolsonaro: Brazil's far-right leader inauguration Show all 20 1 /20 Jair Bolsonaro: Brazil's far-right leader inauguration Jair Bolsonaro: Brazil's far-right leader inauguration Brazil's new President Jair Bolsonaro waves as he drives past before his swear-in ceremony Reuters Jair Bolsonaro: Brazil's far-right leader inauguration Supporters wait in front of the Planalto Palace, where he will take office EPA Jair Bolsonaro: Brazil's far-right leader inauguration Jair Bolsonaro gestures at the Congress before he is sworn AFP/Getty Jair Bolsonaro: Brazil's far-right leader inauguration Supporters take pictures as Brazil's new President Jair Bolsonaro drives past Reuters Jair Bolsonaro: Brazil's far-right leader inauguration Flanked by first lady Michelle Bolsonaro, Brazil's President Jair Bolsonaro waves to the crowd, as he rides in an open car after his swearing-in ceremony AP Jair Bolsonaro: Brazil's far-right leader inauguration Jair Bolsonaro reacts as he drives past Reuters Jair Bolsonaro: Brazil's far-right leader inauguration Brazil's new President Jair Bolsonaro reacts as he drives past before his swear-in ceremony, in Brasilia, Brazil January 1, 2019. REUTERS/Ricardo Moraes RICARDO MORAES Reuters Jair Bolsonaro: Brazil's far-right leader inauguration The National Congress before Brazil's President-elect Jair Bolsonaro is sworn in AFP/Getty Jair Bolsonaro: Brazil's far-right leader inauguration Jair Bolsonaro gestures at the Congress AFP/Getty Jair Bolsonaro: Brazil's far-right leader inauguration Brazil's new President Jair Bolsonaro waves as he drives past before his swear-in ceremony, in Brasilia, Brazil January 1, 2019. REUTERS/Ricardo Moraes RICARDO MORAES Reuters Jair Bolsonaro: Brazil's far-right leader inauguration Supporters of Brazil's President Elect Jair Bolsonaro are cooled down with a water hose by firefighters, prior Bolsonaro's inauguration, in Brasilia, Brazil, Tuesday Jan. 1, 2019. (AP Photo/Silvia Izquierdo) Silvia Izquierdo AP Jair Bolsonaro: Brazil's far-right leader inauguration The presidential convoy, led by Brazil's President-elect Jair Bolsonaro (L) and his wife Michelle Bolsonaro in a Rolls Royce, heads to the National Congress for his swearing-in ceremony, in Brasilia on January 1, 2019. - Bolsonaro takes office with promises to radically change the path taken by Latin America's biggest country by trashing decades of centre-left policies. (Photo by Carl DE SOUZA / AFP)CARL DE SOUZA/AFP/Getty Images CARL DE SOUZA AFP/Getty Jair Bolsonaro: Brazil's far-right leader inauguration epa07257163 Sympathizers of Brazilian President-elect, Jair Bolsonaro, walk past a giant figure of the future president before the beginning of the inauguration ceremony, in Brasilia, Brazil, 01 January 2019. A far-right president leads the biggest Latin America democracy for first time since the end of military rule (1964-1985). Bolsonaro defeated candidate Fernando Haddad in the runoff, held in October 2018, receiving 55 percent of the vote. EPA/Fernando Bizerra Jr Fernando Bizerra Jr EPA Jair Bolsonaro: Brazil's far-right leader inauguration Brazil's President-elect Jair Bolsonaro (L) gestures next to his wife Michelle Bolsonaro as the presidential convoy heads to the National Congress for his swearing-in ceremony, in Brasilia on January 1, 2019. - Bolsonaro takes office with promises to radically change the path taken by Latin America's biggest country by trashing decades of centre-left policies. (Photo by Carl DE SOUZA / AFP)CARL DE SOUZA/AFP/Getty Images CARL DE SOUZA AFP/Getty Jair Bolsonaro: Brazil's far-right leader inauguration Firefighters spray water at supporters of Brazilian President-elect Jair Bolsonaro to cool them down, while they gather to wait for his inauguration ceremony at "Tres Poderes" square in front of the Planalto Palace in Brasilia, on January 01, 2019. - Brazil entered a new chapter in its history on Tuesday, embracing a far-right president, Jair Bolsonaro, whose determination to break with decades of centrist rule has raised both hopes and fears. (Photo by EVARISTO SA / AFP)EVARISTO SA/AFP/Getty Images EVARISTO SA AFP/Getty Jair Bolsonaro: Brazil's far-right leader inauguration Supporters take pictures as Brazil's new President Jair Bolsonaro drives past before his swear-in ceremony, in Brasilia, Brazil January 1, 2019. REUTERS/Ricardo Moraes RICARDO MORAES Reuters Jair Bolsonaro: Brazil's far-right leader inauguration Brazil's new President Jair Bolsonaro and his wife, Michelle Bolsonaro, arrive at Brazil's National Congress, in Brasilia, Brazil January 1, 2019. REUTERS/Pilar Olivares PILAR OLIVARES Reuters Jair Bolsonaro: Brazil's far-right leader inauguration Supporters of Brazilian President-elect Jair Bolsonaro, gather at the "Tres Poderes" square in front of the Planalto Palace in Brasilia, before his inauguration ceremony on January 01, 2019. - Brazil entered a new chapter in its history on Tuesday, embracing a far-right president, Jair Bolsonaro, whose determination to break with decades of centrist rule has raised both hopes and fears. (Photo by EVARISTO SA / AFP)EVARISTO SA/AFP/Getty Images EVARISTO SA AFP/Getty Jair Bolsonaro: Brazil's far-right leader inauguration Supporters of Brazilian President-elect Jair Bolsonaro, gather to wait for his inauguration ceremony at "Tres Poderes" square in front of the Planalto Palace in Brasilia, on January 01, 2019. - Brazil entered a new chapter in its history on Tuesday, embracing a far-right president, Jair Bolsonaro, whose determination to break with decades of centrist rule has raised both hopes and fears. (Photo by EVARISTO SA / AFP)EVARISTO SA/AFP/Getty Images EVARISTO SA AFP/Getty Jair Bolsonaro: Brazil's far-right leader inauguration Jair Bolsonaro addresses Congress, during his swearing-in ceremony as Brazil's new president, in Brasilia on January 1, 2019. - Bolsonaro takes office with promises to radically change the path taken by Latin America's biggest country by trashing decades of centre-left policies. (Photo by NELSON ALMEIDA / AFP)NELSON ALMEIDA/AFP/Getty Images NELSON ALMEIDA AFP/Getty

“Yet there are worrying signs that some judges are ignoring these protections, leaving mothers who have not been convicted of a crime to spend Mother’s Day [which falls on 12 May in Brazil and the US] in overcrowded, unsanitary cells instead of at home with their families.”

Data from 2018 shows that thousands of women who appear to have been eligible to these protections remained behind bars in pretrial detention, while more recent data from Rio de Janeiro state indicates that the problem has continued this year.

Researchers found the latest available data from the Justice Ministry’s National Prison Department shows that in September 2018, judges had released fewer than a third of the women who should have been released absent “exceptional” circumstances. This left more than 6,000 behind bars awaiting trial.

In January, a Rio de Janeiro judge ordered the pretrial detention of a mother who was accused of drug dealing because, the judge said, she put her children at risk and damaged their development with her criminal activity – despite the fact she had not been convicted. The judge concluded the woman was a “bad example” for the children.

Women in Brazil still face substantial barriers to gender equality and campaigners have raised concerns the election of Jair Bolsonaro will roll back women’s rights in the country. They have warned that the far right president poses a serious threat to human rights, particularly for women, the LGBT+ community, indigenous people, and Afro-Brazilians.

Brazil has the fifth highest femicide – the gender-motivated killing of women – rate in the world, according to rights group Article 19.

The Inter-American Commission on Human Rights has said that femicides are not an “isolated problem” but reflect “sexist values deeply rooted in Brazilian society”.

The rights organisation noted that black women, those belonging to indigenous groups and the LGBT+ community, as well as women politicians and human rights activists are most at risk of being killed. More than 1,000 women were killed in hate crimes tied to their gender in Brazil in 2017.