Women Should Never Give Birth in Shackles

An incarcerated Indigenous woman was reportedly shackled during a hospital stay earlier this month to deliver her baby by caesarean section in a Queensland hospital in Australia.

Queensland Corrective Services promised an internal review but did not confirm the shackling. Shackling a woman during childbirth contravenes international human rights standards.

The incident happened days before Australia's two major political parties blocked a vote in parliament on October 14 on a bill to ban the shackling of prisoners during childbirth. United Nations human rights experts criticized the Australian parliament's failure to vote on the bill.

Prisoners and detainees do not lose their rights to health or to be treated humanely and with dignity. Restraining a woman during childbirth raises grave concerns about degrading treatment and interference with care, which constitute obstetric violence.

Obstetric violence is the physical and emotional abuse of pregnant people seeking sexual and reproductive health services and information, including maternal health. It is a form of gender-based violence and a violation of fundamental human rights.

As a UN member state, Australia has endorsed the Bangkok Rules, a UN resolution that sets out minimum standards for the treatment of women in prison. The resolution specifically prohibits the use of restraints on women during labor, birth or immediately after birth. The well-being of the mother and the needs of her newborn should take priority over punitive practices.

Australian authorities should investigate who authorized the shackling, whether clinicians objected and how those objections were handled. There should be accountability for any wrongdoing and an effective remedy for the woman. She should have independent legal advice and support, without pressure to disclose her experience or identity publicly.

The Australian government should also promptly adopt consistent national safeguards and prohibit the practice of shackling prisoners in labor. It should introduce reforms that outline appropriate hospital and prison protocols for pregnant women, staff training, rapid escalation for clinicians, and independent monitoring.

A prison sentence must never be a justification for woman to give birth without dignity.