Comment on Two years after a federal law banning shackling women during childbirth was passed, prisoners in America are still giving birth

Two years after a federal law banning shackling women during childbirth was passed, prisoners in America are still giving birth

In 2010, the UN adopted a rule regarding incarcerated pregnant women: "instruments of restraint shall never be used … during labour, during birth and immediately after birth." In 2018, the Federal First Step Act banned shackling pregnant women, women giving birth, and women caring for newborns; but the law does not extend to local and state jails, where 85% of the incarcerated women in America are locked up. As a result, the practice of shackling women before, during and after childbirth is rampant across America, and in the majority (61%) of these circumstances, the women are shackled not because of any specific danger, but because the facility has a policy that insists that they be in chains.

 

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