The Bangkok Rules say never; the hospital bed said otherwise

There is a particular vulnerability that belongs to a woman in labour—a body entirely given over to the work of bringing forth life, dependent on the hands and care of others. In a hospital in Queensland last weekend, an Aboriginal woman gave birth while shackled to her bed, a practice that human rights advocates have long condemned and that the United Nations has explicitly prohibited during labour, birth, and the moments immediately after.

The woman, who was incarcerated, gave birth via caesarean section to a premature baby and remained in hospital afterward, according to advocacy group Sisters Inside . Debbie Kilroy, the group's chief executive, said the woman had been "shackled on and off since she came into the hospital," and that hospital staff had called Sisters Inside after trying everything to get the restraints removed. "They were even crying because prison staff wouldn't remove the shackles," Kilroy said . The restraints were removed on Friday.

Queensland Corrective Services confirmed the incident and said it would be subject to an internal review. A spokesperson stated that restraints are "only ever to be used as a last resort on pregnant prisoners where necessary to maintain public safety" . Kilroy disputed that framing, saying the woman "wasn't running anywhere, mum wasn't being violent," and that her health deteriorated while she was shackled .

The timing of the incident has sharpened its political weight. It occurred just days after Australia's federal parliament blocked a bill introduced by independent Senator Lidia Thorpe that would have banned the shackling of incarcerated women during childbirth . The government argued that criminal justice is a matter for states and territories, while the Coalition said it understood the intent but would not support the bill's passage . Thorpe responded to the Queensland case with anger: "Not a day later, we hear of another harrowing case" .

Australia is a signatory to the United Nations' Bangkok Rules, which state that instruments of restraint "shall never be used on women during labour, during birth and immediately after birth" . The Queensland Nurses and Midwives' Union has argued that restraints during labour are "dehumanising, traumatising and may compromise the provision of healthcare," interfering with normal labour and preventing practitioners from assessing the woman and fetus, especially in emergencies . Aboriginal and Torres Strait Islander women are disproportionately affected, given their overrepresentation in the criminal legal system .

Liberal Senator Paul Scarr broke ranks with his party to say he was "deeply concerned" about the practice and would raise it with the Queensland attorney general . The internal review is underway. What it will conclude, and whether it will change anything, remains to be seen.

The images in this article were generated by AI.

Sources: The Guardian, Qazaqyia, NewsBytes, UA.News, Queensland Nurses and Midwives' Union