Prison Shackles on Pregnant Women: A Human Rights Crisis

Senator Lidia Thorpe has introduced a private member's bill to ban the practice of shackling pregnant women during childbirth in Australian prisons. Advocates argue this violates the fundamental human rights of both mothers and their newborns. The bill highlights harrowing accounts from women who have experienced shackling, describing the lasting trauma and the inability to cradle their newborns.

Current laws in Australian states and territories permit shackling only as a last resort or when absolutely necessary, yet critics contend it continues. Thorpe stated that no one giving birth poses a flight risk, emphasizing the violent and terrifying nature of such restraints. The practice disproportionately affects Aboriginal and Torres Strait Islander women, reflecting a broader colonial history of controlling First Nations women and separating families.

Data indicates that approximately one in ten Australian prisoners are women, with 5-10% of them being pregnant, many with histories of mental illness or abuse. The United Nations' Bangkok Rules, adopted unanimously, advise against using restraint instruments on women during labor and immediately postpartum. Organizations like the National Justice Project and the Australian College of Midwives support the bill, citing breaches of human rights and unsafe practices.

Incidents detailed include a woman shackled during a difficult birth and separated from her child, and the tragic case of Heather Calgaret, who died in custody after her baby was removed postpartum, a decision linked to her declining health. This situation underscores the urgent need for legislative reform to protect vulnerable incarcerated women and their children.