Australia Bills to Ban Shackling of Pregnant Prisoners

Independent Senator Lidia Thorpe has introduced legislation to ban the practice of shackling prisoners during childbirth in Australia. The bill seeks to override inconsistent state and territory laws, which currently allow restraints to be used as a last resort, by establishing a uniform federal prohibition. According to The Guardian, Thorpe argued in the Senate that no woman giving birth poses a flight risk and that the practice constitutes a violent act.

The proposal follows a federal inquiry into the treatment of incarcerated women, where survivors described enduring physical and psychological trauma. Tahlia Isaac, founder of a support organization for formerly incarcerated women, stated that many women still weep years later when recalling the inability to cradle their newborns due to handcuffs. These accounts highlight the ongoing debate over the balance between institutional security and human rights.

Legislative push for federal ban

Thorpe cited the case of Heather Calgaret, an Indigenous woman who died in custody in 2021, to underscore the severity of the issue. A coroner’s report found that the removal of her daughter after birth was pivotal to her death. The senator described the shackling of women in delivery rooms as a preventable harm that contradicts basic human dignity.

The National Justice Project told the inquiry that shackling during labor is a clear breach of settled human rights standards. They argued it violates the rights of both the mother and the child. Meanwhile, the Australian College of Midwives has opposed the practice, labeling it unsafe and unnecessary, with potential for adverse perinatal health outcomes.

International standards and data gaps

Australia’s practices stand in contrast to the Bangkok Rules, adopted unanimously by the UN General Assembly in 2015. These guidelines state that instruments of restraint shall never be used on women during labor or birth. Despite this international consensus, domestic data remains limited, with the most recent comprehensive figure from 2017 indicating that 25 women gave birth while incarcerated.

According to the Australian Institute of Health and Welfare, approximately one in ten prisoners are women. Parliamentary library data suggests that between five and ten percent of these women are pregnant, with at least half having a history of mental illness or childhood abuse. Almost half of female prisoners identify as Indigenous, a demographic that faces disproportionate scrutiny and harm within the correctional system.

Human rights and medical concerns

Critics argue that the current patchwork of laws fails to protect vulnerable populations effectively. The proposed bill aims to create a clear legal framework that prioritizes the safety and dignity of mothers and newborns. Observers will now watch the Senate’s deliberation process to see if the legislation gains sufficient support to become law.