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Helencrw writes:

Shackling pregnant women in prison is torture

On 9 March, the United Nations Special Rapporteur on Torture (Juan E.Mendez) reported to the Human Rights Council how torture can be understood. Mr Mendez spoke about the suffering of women, girls and lesbian, gay, bisexual and transgender people by saying “we have a tendency to regard violence against these groups as ill-treatment even where they would more appropriately be defined as torture”. Mr Mendez explained that it is the duty of states to prevent and combat gender-based violence and discrimination against people who are in detention. In the Special Rapporteurs full report the issue of shackling pregnant women was explained. This report recommends that the practice of shackling and handcuffing pregnant women and women in labor or immediately after childbirth should cease.

The current special rapporteur is clear that shackling is a form of torture and against human rights. Despite this, many stakeholders, academics and practitioners will recognize that there is a gap between the rhetoric of human rights and how they are responded to locally. While pregnant women in prison are protected through human rights, women are economically, socially, legally and culturally disadvantaged in order to be able to enforce their rights. The report by Mr Mandez has made recommendations using legislation and rules however these are not specific in explaining how standards or methods could be improved locally. While this report is welcomed and recommends the protection of pregnant women in prison from a form of torture, there is no suggestion about monitoring, enforcing or implementing localized reforms.

This latest statement by the United Nations Rapporteur is a step in making this issue more prominent. Within the past year, Governor Cuomo signed the Anti-Shackling Bill within New York State. This legislation is specific in barring correctional staff from the delivery room, making it necessary for reporting all incidents where shackling has been deemed necessary and requires rigorous training for all practitioners. The Correctional Association for New York claims this is the only organisation who takes an active role in monitoring compliance of this law. In a statement by the Correctional Association, the new law in New York is welcomed and in particular Miyoshi Benton who has experienced this practice explained, “this Bill protects women and babies who cannot speak for themselves. Thank you, Governor Cuomon, for safeguarding them”.

Shackling pregnant women in prison is a practice that has been uncovered within prisons around the world. International human rights organisations such as Amnesty International and organisations such as the American Civil Liberties Union explain that the practice of shackling and the language used in legislation does not go far enough. Within the United States, it is claimed there are loopholes within at least nine states with laws. These laws mean there is no specific language about shackling women in their first, second and third trimesters; when they are being transported or postpartum (Meyerson, 2015).

Shackling pregnant women in prison is a practice that has been uncovered within prisons around the world. International human rights organisations such as Amnesty International and organisations such as the American Civil Liberties Union explain that the practice of shackling and the language used in legislation does not go far enough. Within the United States, it is claimed there are loopholes within at least nine states with laws. These laws mean there is no specific language about shackling women in their first, second and third trimesters; when they are being transported or postpartum (Meyerson, 2015).

This situation is not just isolated to countries such as the United States. Within England and Wales, there is no specific policy for pregnant women in prison. While the latest report by the special rapporteur adds weight to banning the practice of shackling, local policies are governed by rules which are set out to local governors. The current prison service order (4800) explains that, “women in active labour are not handcuffed either en route or while in hospital. Restraints are to be carried but not applied unless the woman’s behaviour is refractory or there are indications that she may attempt to escape”. This rule has loopholes which could mean that despite the announcement that shackling pregnant women is a form of torture, pregnant women in England could still be restrained. While it is acknowledged that giving birth in shackles is now most often in the past (Abbott, 2015), this does not mean that the practice doesn’t exist in earlier pregnancy or during transportation. Despite the Prime Minister, David Cameron, recently announcing a review about pregnant women in prison, this issue was not mentioned.

There is no accurate figure about how many women are pregnant in prison, however, estimates show there are between 6 and 10 percent of incarcerated pregnant women in the US (Clarke et al, 2006) however the assumption is how countries with high birth rates could have higher rates of incarcerated pregnant women (Gundy,2013). Within England, the current concern for policy-makers, campaigners and researchers relates to sentencing or diverting women away from prison. While these campaigns are necessary and justified, there is no current voice or concern that some women may be being restrained in a way that is considered as torture. This lack of voice or advocacy is not unique to England because there is no one international organisation which focuses on tackling, campaigning or researching women in prison. In order for more progress to be made with the compliance of human rights and stopping practices such as shackling pregnant women a stronger international presence is needed.

Original Submission