Labor in Irons: The Shackling of Pregnant Inmates

Could a woman orchestrate a prison break in between labor contractions? This illogical fear of pregnant women escaping detention is what legally upholds the egregious practice of shackling pregnant inmates in 29 states[1]. Over 200,000 women are incarcerated in the U.S., 6-10% of which are pregnant[2]. Most of these pregnant women are at risk of being shackled.

The practice entails the use of ‘leg irons, waist chains, or hand cuffs behind the body’ to physically restrain women during pregnancy, labor, or postpartum care (during transport or otherwise) [3]. These pregnant, incarcerated women, who are already at an increased risk of miscarriage, pre-term birth, and pre-eclampsia, are further endangered by a practice that puts them at risk of falling and can interfere with appropriate medical care[4].

Shackling endangers pregnant women and their fetuses in many ways2:

“Women often need to move around during labor, delivery and recovery, including moving their legs as part of the birthing process. Because shackling limits the ability of a woman to move during labor, she is left unable to adequately shift positions in order to manage the extreme pains of labor and childbirth.

Given the nature of childbirth, shackling women during labor can lead to bruising as a result of leg and abdomen restraints.

Using restraints after delivery may prevent mothers from effectively healing and breast-feeding. Pregnancy can create problems with balance that are exacerbated by shackling. Falls can injure not only the mother, but also the fetus.

In instances necessitating an emergency C-section, a delay of as little as five minutes [to remove the restraints] is enough to cause permanent brain damage to the child.”

Most of the incarcerated women in the U.S. are non-violent offenders[5] and are unlikely to attempt to flee. It is the norm for armed guards to accompany pregnant women during delivery, which further diminishes the need for restraints as a security tactic. Furthermore, there are no documented cases of pregnant women attempting to escape, even in states with anti-shackling laws6.

The ALCU describes shackling pregnant women as ‘dangerous and inhumane,’ and as a ‘violation of international human rights.’ Yet, even in the 21 states where laws prohibit or restrict the practice1, violations are rampant. A survey conducted after the passage of a 2009 New York state anti-shackling law of 27 women who had recently given birth in New York prison’s found that 23 were shackled just before, during, or after delivery.[6] Restrictions on shackling were recently passed in Maryland[7], yet the DC bill (#20-468)[8] remains under review. This means that it is legal for pregnant women inmates in our nation’s capital to be subject to shackling.

Shackling pregnant women is condemned by numerous public health and civil rights organizations, including the American Medical Association, the American College of Obstetricians and Gynecologists, and Amnesty International2. Yet, it still occurs all over the U.S. The practice is unnecessary at best and a hazardous and humiliating violation of human rights at worse. It is a matter that often falls below the media’s radar and is consequently missing from many policy discussions. This issue needs to be brought to the forefront and we must hold institutions accountable, whether they are subject to anti-shackling laws or not. As a nation, we owe it to these women to give them the dignity they deserve.

Learn more about inmate shackling during pregnancy here:

http://www.nytimes.com/2014/07/27/opinion/sunday/the-outrageous-shackling-of-pregnant-inmates.html?_r=1 https://www.aclu.org/files/assets/anti-shackling_briefing_paper_stand_alone.pdf http://nationinside.org/campaign/birthing-behind-bars/posts/ [1] Nation Inside. http://nationinside.org/campaign/birthing-behind-bars/posts/

[2] ACLU Briefing Paper. https://www.aclu.org/files/assets/anti-shackling_briefing_paper_stand_alone.pdf

[3] KQED. http://ww2.kqed.org/news/2014/02/18/many-california-counties-dont-fully-comply-with-pregnant-shackling-law

[4] American Progress. https://www.americanprogress.org/issues/women/news/2014/05/22/90306/an-anti-shackling-wake-up-call/

[5] Huffington Post. http://www.huffingtonpost.com/negar-mortazavi/an-illegal-and-inhuman-pr_b_4957996.html

[6] New York Times. http://www.nytimes.com/2014/07/27/opinion/sunday/the-outrageous-shackling-of-pregnant-inmates.html?_r=1

[7] Washington CBS. http://washington.cbslocal.com/2014/04/04/md-oks-restrictions-on-shackling-pregnant-inmates/

[8] David Grosso. http://www.davidgrosso.org/grosso-analysis/2014/7/9/bill-20-468-anti-shackling-of-incarcerated-pregnant-women-act-of-2013

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