Stop Violence Against Women
Abuse of Women in Custody: Sexual Misconduct and Shackling of Pregnant Women
- Excessive Use of Restraints on Women in U.S. Prisons:
Shackling of Pregnant Prisoners
Sick and pregnant women prisoners are chained to their hospital beds all over the USA. Jails and prisons commonly use restraints on incarcerated women when they are being transported to and kept in hospital (even when they are in labor or when they are in a coma). Jails and prisons use restraints on women as a matter of course regardless of whether a woman has a history of violence (which only a minority have), regardless of whether she has ever absconded or attempted to escape (which few women have) and regardless of her state of consciousness. Shackling of all prisoners, including pregnant prisoners, is policy in federal prisons and the US Marshall Service and exists in most state prisons.
Following these and other cases, the California legislature passed a law forbidding the shackling of pregnant prisoners during labor, delivery and recovery. The Wisconsin Department of Corrections reported in January 2006, that staff have been directed to end the use of restraints on pregnant inmates during labor, delivery and recovery. AI welcomes this initiative and urges the Department to implement a written policy prohibiting these practices as soon as possible, as well as to provide training for staff on the new policy.
Health dangers
Physician Dr. Patricia Garcia notes that” women in labor need to be mobile so that they can assume various positions as needed and so they can quickly be moved to an operating room. Having the woman in shackles compromises the ability to manipulate her legs into the proper position for treatment. The mother and baby’s health could be compromised if there were complications during delivery such as hemorrhage or decrease in fetal heart beat. If there were a need for a C Section, the mother needs to be moved to an operating room immediately and a delay of even five minutes could result in permanent brain damage for the baby. …” Shackling pregnant women during transport is also dangerous given the possibility that the mother may fall and injure herself and the fetus.
International Law
The UN standard for the Treatment of all Prisoners, Rule 33, states that shackles should not be used on inmates unless they are a danger to themselves, others or property or have a history of absconding. AI considers the routine use of shackles and other restraints on pregnant prisoners is a cruel, inhuman and degrading form of treatment in violation of both the UN Convention against Torture and the International Covenant on Civil and Political Rights, both of which the USA has ratified.
Legislation in U.S. states
Only 2 states have legislation regulating the use of restraints o pregnant women. These are Illinois and California. The other 48 other states, the District of Columbia and the Federal Bureau of Prisoners, no such laws exist. (At the time of writing a bill is pending in NY State).
Depts. of Corrections Policies
Seven Correctional Departments have no written policy government the use of restraints on pregnant women. AZ, HI, IN, IA, ME, NH and NC
Eight Correctional Departments have no formal written policy governing
the use of restraints on pregnant women. AZ, HI, IN, IA, ME, NH, NJ and
NC
Only five state departments of corrections and the District of Columbia
have written policies stipulating that no restraints are to be used on inmates
during labor and birth. CT, FL, RI, WA, WY and DC
Twenty-three state departments of corrections and the Federal Bureau of
Prisons allow the use of restraints during labor. States vary on details
or the type of restraints that may be used and at what stage of the process.
Twenty-four state departments of corrections station an officer in the delivery
room while an inmate is in labor.
Forty-one state departments of corrections and the Federal Bureau of Prisons
may use restraints on pregnant women during transportation. Three departments
do not allow use of restraints on pregnant women during transportation:
DC, HI, WY. Two departments stipulated that if it is during transport to
labor and delivery, they do not use restraints: CA, IL
Thirty-eight state departments of corrections and the Federal Bureau of
Prisons may use restraints on pregnant women in the third trimester.
Louisiana and the Federal Bureau of prisons have no restrictions on the
application of restraints, other than specifying that pregnant women should
not be restrained face-down in four-point restraints.
Recommendations
Amnesty International recommends that the Federal Bureau of Prisons (FOB) and State Legislatures develop laws to ban shackling of pregnant inmates, and that the FOB and Departments of Corrections, prisons and jails adopt policies on the use of restraints in accordance with the following:
- Restraints should be used only when they are required as a precaution
against escape or to prevent an inmate from injuring herself or other
people or damaging property. In every case, due regard must be given to
an inmate’s individual history.
- Policies should prohibit the use of restraints on pregnant women when they are being transported and when they are in hospital awaiting birth, and after they have just given birth.
