By Ariel Samach, Program Associate at the Reproductive Rights Project, New York Civil Liberties Union
On Tuesday morning, a group of women held a demonstration in front of Gov. Paterson’s office dressed as very pregnant women who were handcuffed. Wearing fake pregnant bellies may seem silly, but the bill we were gathered to support is serious. Staff from the New York Civil Liberties Union joined the Correctional Association of New York and Women on the Rise Telling HerStory (WORTH) to draw attention to the shackling pregnant women who are incarcerated during labor and delivery—and to pressure Gov. Paterson to sign a bill that would put an end to this barbaric practice.
The case against shackling pregnant women is clear:
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It’s not needed. It’s hard to imagine a woman who is nine months pregnant trying to escape prison while being guarded by corrections officers. In the states that have outlawed shackling of pregnant inmates, there have been no documented instances of a woman in labor or delivery escaping or causing harm to themselves, security guards or medical staff.
It’s dangerous to women and their babies. Restricting the movement of a pregnant woman — especially during labor and delivery — means that she can’t position herself to facilitate labor, and leaves her without the means to protect herself if she trips or falls. That’s why experts, including the American College of Obstetricians and Gynecologists and the American Public Health Association, vehemently oppose the practice.
It’s unconstitutional. Immobilizing a woman during labor is cruel and unusual punishment.
It violates international human rights norms. Shackling pregnant women who are incarcerated is a practice specifically forbidden by the United Nations Standard Minimum Rules for the Treatment of Prisoners, and the United Nations Convention Against Torture.
While a fierce struggle for power in the New York State Senate at the end of the legislative session shelved a whole host of social justice bills, lawmakers agreed this was a matter that needed attention. Sponsored and championed fiercely by state Sen. Velmanette Montgomery and Assemblyman Nick Perry, a bill banning the shackling of incarcerated pregnant women passed overwhelmingly in the Assembly and unanimously in the Senate. To become law and make New York the sixth state to ban this inhumane practice, we only need Gov. Paterson’s signature.
After the protesters chanted for a half-hour in front of the high-rise that houses his New York City office, Gov. Patterson actually came outside to speak with the demonstrators. He shook hands and reiterated his support for the health and safety of women. And best of all, he vowed to sign the bill. This has been eight years in the making and without the tireless work of Sen. Montgomery, Assemblyman Perry, and organizations like the Correctional Association and WORTH, we would not be where we are today. But it’s not often that direct action protest gets such quick and concrete results! As our action on Tuesday shows — sometimes women have to make a scene to get the job done.
To see pictures from the demonstration go here.
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My God, I've never heard of this. This is legal in the United States?
At first I thought you were referring to keeping women incarcerated while pregnant, and I was a little confused. I didn't realize they literally shackle them.
God, I feel so naive.
Even if these were the worst of the worst, complete escape artists, horrible people of the worst sort...
...can they not just put crazy security on the room door? Post guards outside the door?
Honestly, I just don't see the need to shackle their bodies, even IF granting all sorts of other things for the sake of argument.
I think there are some possible (but unlikely) cases where you might need to shackle a pregnant woman, but it should be the exception, not the rule. For example if you had someone along the lines of a female Hannibal Lector, with a history of attacking guards in the most unlikely circumstances, then you might be justified using shackles at all times. But the vast majority of female prisoners do not need to be shackled during labor! Its appalling that they do it to anyone who isn't an incredibly strong psychopath.
what is the rationale for the policy. many of these women may hurt themselves or others, including the baby.
When I gave birth to my daughter, an inmate was delivering as well. While I was in the early stages of labor, I had to walk for a while, looping around the wing over and over, so I would peer into her room every now and then. She had two armed guards outside the door. I'm pretty sure her hand was cuffed to the side rail of the bed. Overkill.