Australian Senate blocks bill to ban shackling of incarcerated women during childbirth
Australia's two largest parties, Labor in government and the opposition Coalition, blocked a Senate vote on a bill that would ban shackling incarcerated women during childbirth. The government said criminal justice is mainly a matter for state and territory governments.
In Australia's Senate, the governing Labor party and the opposition Coalition have blocked a vote on a bill that would ban the shackling of incarcerated women while they give birth. The bill was introduced by independent senator Lidia Thorpe. It would also stop children from being strip-searched. With the vote blocked, the practice is not changed at national level, and the issue stays with the states and territories.
Government and Coalition position
The government responded that responsibility for the criminal justice system mainly sits with state and territory governments. The Coalition said it "understands the intent" of the bill, but it would not support its passage either.
Thorpe told the Senate that in 2026 people can still be shackled while giving birth, and adults can legally remove children's clothes to examine their bodies. She said senators had the power to end practices she described as barbaric, inhumane and unnecessary.
Criticism from within the Coalition
Queensland Liberal senator Paul Scarr broke ranks with his side. He said he was deeply concerned by the practice across Australia and promised to raise it with the Queensland attorney general, Deb Frecklington. Scarr also urged the prime minister to convene a national cabinet meeting and said the vote should not be the end of the matter.
Greens leader David Shoebridge sharply criticised both major parties, saying they were leaving states free to continue shackling women to a bed during labour.
International context
The only available data on giving birth in custody dates from 2017, when 25 women gave birth while incarcerated in Australia. Fifteen years ago the UN General Assembly unanimously adopted the Bangkok Rules on the treatment of female prisoners. They say prison should be a last resort for pregnant women and that restraints must never be used during labour, birth and immediately afterwards. Around the world, however, the rules are regularly flouted.
