The short version
- The Labor government and the Coalition refused to support a bill banning the shackling of pregnant prisoners during childbirth.
- Independent senator Lidia Thorpe introduced the measure, arguing current practices are inhumane and violate international standards.
- Liberal senator Paul Scarr broke ranks to condemn the blockage and pledged to raise concerns with state authorities.
Federal lawmakers in Australia have prevented a vote on legislation designed to prohibit the use of restraints on incarcerated women during childbirth. The bill, introduced by independent senator Lidia Thorpe into the Senate, sought to end the practice of shackling pregnant prisoners while they are in labor and also aimed to stop the strip-searching of children within correctional facilities. Despite the moral urgency framed by its sponsor, both the governing Labor Party and the opposition Coalition declined to support the measure, effectively halting its progress through the federal parliament.
The government’s refusal to advance the bill rested on a jurisdictional argument. Officials stated that the criminal justice system falls primarily under the authority of state and territory governments rather than the federal executive. This position suggests that any legislative changes regarding prison conditions must originate at the subnational level. The Coalition echoed this sentiment, noting that while they understood the intent behind Thorpe’s proposal, they would not vote for its passage. This alignment between major parties created a unified front against federal intervention in what they characterize as state matters.
Senator Thorpe argued forcefully against this deference to state authority. She highlighted that it remains legal in 2026 for individuals to be physically restrained while giving birth and for children to be subjected to invasive body examinations by adults. Describing these practices as barbaric, inhumane, traumatic, and unnecessary, she asserted that the members of parliament present possess the power to eliminate them. Her remarks underscored a disconnect between federal legislative inaction and the physical realities faced by vulnerable populations within the prison system.
The debate touched upon international human rights standards established over a decade ago. Fifteen years prior, the United Nations General Assembly unanimously adopted the Bangkok Rules, which govern the treatment of female prisoners. These guidelines specify that imprisonment should be a last resort for pregnant women and explicitly state that instruments of restraint must never be used during labor, birth, or immediately after delivery. Although these rules were adopted without dissent globally, reports indicate they are frequently ignored in practice. The failure to align domestic law with these international norms has become a focal point of criticism for the major parties.
David Shoebridge, leader of the Greens, offered sharp condemnation of the bipartisan decision. He criticized Labor and the Coalition for allowing states to continue shackling women to beds during childbirth if they choose to do so. His comments framed the issue as one of torture and abuse, urging lawmakers to reject practices that harm women in labor and children undergoing searches. The intensity of his response reflected broader concerns among advocacy groups about the adequacy of protections for incarcerated individuals.
Not all members of the Coalition supported the blockage. Liberal senator Paul Scarr broke ranks with his party to express deep concern over the nationwide practice. He announced plans to write directly to Queensland Attorney General Deb Frecklington to address the issue. Scarr also called on the prime minister to convene a national cabinet meeting, suggesting that the matter requires coordinated attention beyond simple jurisdictional deflection. His dissenting voice highlighted internal discomfort within the Coalition regarding the treatment of pregnant prisoners.
Scarr emphasized that the vote should not mark the end of discussions on this topic. He argued that society must do better and look for ways to address the issue constructively. His intervention signaled that while federal legislation stalled, political pressure might shift toward state-level reforms or national dialogue. The lack of recent data complicates efforts to gauge the scale of the problem; the only available statistics date back to 2017, when twenty-five women gave birth while incarcerated. This data gap makes it difficult to assess how widespread current practices are.
The blocking of the bill leaves a significant policy void regarding the treatment of pregnant women in custody. With federal action off the table for now, attention turns to state governments and potential advocacy efforts. The incident underscores tensions between federal jurisdictional boundaries and human rights obligations. As debates continue, the question remains whether political will can overcome administrative divisions to ensure humane treatment during one of life’s most vulnerable moments.
Future developments may depend on continued pressure from independent senators, opposition figures like Scarr, and external advocacy groups. The Bangkok Rules provide a clear benchmark for acceptable conduct, yet implementation remains inconsistent. Without federal mandates, change will likely occur piecemeal across different jurisdictions. The outcome of this legislative attempt serves as a test case for how seriously Australian institutions take international commitments to prisoner welfare.
Observers note that the absence of comprehensive data hinders effective policy-making. Updating statistics on births in prison and restraint use would be essential for informed debate. Until then, discussions remain partly speculative regarding prevalence but clear regarding ethical implications. The episode highlights the challenges of reforming correctional practices when political consensus is elusive and jurisdictional responsibilities are fragmented.
Sources behind this briefing
Go to the original reporting
- The Guardian World↗Labor and Coalition block bill to stop incarcerated women being shackled in childbirth
