Banning the Use of Restraints on Pregnant Woman in Custody

In the United States, one third of corrections institutions restrain pregnant and labouring women. This goes against the best practice recommendations of medical, legal, and human rights organisations. Restraining women during pregnancy and childbirth pose health and developmental risks to both mother and baby. We call for federal legislation to ban the use of restraints…

28 March 20220Comments

ByThe View Magazine

In the United States, one third of corrections institutions restrain pregnant and labouring
women. This goes against the best practice recommendations of medical, legal, and human
rights organisations. Restraining women during pregnancy and childbirth pose health and
developmental risks to both mother and baby. We call for federal legislation to ban the use
of restraints on pregnant women unless a legitimate safety or security risk exists.

Women and girls are the fastest growing incarcerated population in the USA. There are
approximately 231,000 women in local jails and state prisons. Between 4 and 10% of the
women admitted are estimated to be pregnant. Black women are disproportionately
affected as they are 1.7X more likely to be incarcerated and 3-4X more likely to die due to
pregnancy complications.

Restraints are defined as “Any device that restricts the ability of an incarcerated person to
move their body or limbs, including handcuffs, ankle cuffs, belly chains, and convex shields.”
Policies were designed in the 1970s with violent male offenders in mind, these do not
account for the needs of the rising female population, particularly pregnant women.
58,000 healthcare professionals within the American College of Obstetrics and
Gynaecologists agree that restraints increase health risks as it is more difficult to diagnose
and treat potentially life-threatening conditions. Restraints can increase the risk of falls,
delayed C-sections, shoulder dystocia, haemorrhage and other serious conditions. It is a
humiliating and traumatic experience for the mothers and prevents the ability of the mother and child to bond after birth.

The ACLU argue that restraining women during labour is unconstitutional as a violation of
the 8th amendment – the right to be free from cruel and unusual punishment. Courts have
agreed that any institution that restrains women during childbirth are liable if they cause
harm to the mother or child. Amnesty International supports this ruling as the UN Standard
Minimum Rules for the Treatment of Prisoners prohibits restraints on pregnant prisoners
and calls for all states to comply with international human rights standards.