UN experts disappointed shackling and strip-searching bills blocked

In short:

United Nations experts have rebuked the Australian parliament for failing to vote on bills banning the shackling of incarcerated women during childbirth and strip-searching children.

Advocates say the shackling of women during and immediately after childbirth can harm a mother and child.

What's next?

The UN experts are urging the federal government to ensure the treatment of women and children in custody is consistent with international human rights law.

United Nations special rapporteurs have expressed disappointment that the Australian parliament failed to vote on two bills banning the shackling of prisoners during childbirth and the strip-searching of children.

It comes after reports this month of a WA teen girl being shackled in hospital after being detained, and an Indigenous woman in a Queensland hospital allegedly shackled after giving birth.

In a statement, special rapporteur on violence against women and girls, Reem Alsalem, and special rapporteur on contemporary forms of racism, Ashwini K.P., said the bill was in line with international standards.

"It is disappointing that parliament was not given the opportunity to formally decide on reforms aimed at protecting the dignity, bodily integrity and rights of women and children deprived of liberty," they said.

"We encourage Australian authorities and parliamentarians to continue pursuing reforms that prohibit shackling during childbirth and protect children from invasive strip-searching practices."

The two bills were brought by senator Lidia Thorpe and debated in the Senate earlier this month.

They had support from the Senate crossbench, but the government and the opposition joined forces to block a vote on the legislation.

Senator Thorpe said she had thought the legislation would be an "easy win" after consulting senators on it.

"I thought that the Labor government would want to end shackling of women giving birth and strip searching of children," she said.

"Every senator I spoke to was horrified, so I thought we could have a chance here. But no, the political will is not there."

Shackling 'psychological and physical abuse'

The shackling bill would have banned restraints at "at any time" during the child birthing process, including immediately after giving birth.

The ABC last week reported Queensland Corrective Services officers allegedly restrained a prisoner at Townsville hospital after she gave birth via C-section earlier this month.

A spokesperson says the woman's care is under review and restraints on pregnant prisoners are only used as a last resort.

Chief executive of advocacy organisation Sisters Inside, Debbie Kilroy, said the woman was giving birth while debate on the bills was underway in the Senate.

"This was an opportunity for them to make a stance against violence against women, which is shackling women during birth [and] after birth, and they actually let us down," she said.

As a UN member state, Australia has endorsed the Bangkok rules, a UN resolution that sets out minimum standards for the treatment of women in prison.

They specifically outlaw the use of restraints on women during labour, birth or immediately after birth.

Ms Kilroy, who was part of initial meetings to develop the Bangkok rules, said Australia's failure to ensure those standards were met was an "embarrassment".

"It's psychological abuse and also physical abuse that not only harms mum, but can harm the child medically," she said.

"When they know that they were born in shackles, it can cause harm for them psychologically as well as the child grows older."

The bills remain in the Senate, but it could be months before they can come up for a vote again.

"Sadly, it means that they [women and children] will continue to be violated," Senator Thorpe said.

"I'll continue to ramp up a campaign to put a vote to the Senate once again to get the support and end the harm against women and children in this country."

A Labor-led Senate inquiry this month recommended the federal government "engage with states and territories" on shackling practices, which Ms Kilroy said was just pushing the issue back on the states.

"We're going to see more people die, more black deaths in custody, more women shackled, more babies harmed, unless the federal government intervenes. They have an opportunity and they can intervene, but they choose not to," she said.

"They need some courage and to step up and intervene into what's happening in states and territories."

The federal government and WA Department of Justice have been contacted for comment.