Breaking News: Pennsylvania Passes Law against Shackling Pregnant Women

    Posted June 29th, 2010 by

    Today, the Pennsylvania Legislature gave final approval to a bill that restricts the shackling of pregnant women in jail or prison; it now goes to the governor for his signature. The bill prohibits using restraints on pregnant women when they are being taken to a medical facility, in labor, and after giving birth, absent “extraordinary” circumstances.

    Once the bill is signed into law, Pennsylvania will join Colorado, West Virginia, and Washington as states that took action against shackling in 2010, bringing the total to 10 overall.

    As these developments demonstrate, recognition is growing that restraining women in labor and childbirth is both cruel and unnecessary, given that corrections officers or jail deputies are always with women during their hospital stay. The American Medical Association and American Bar Association recently made clear their opposition to the practice of restraining women who are in labor, following the American Public Health Association, the American College of Obstetricians and Gynecologists, and a host of women’s rights, human rights, and health organizations.

    When it comes time to go on record and cast a vote, almost every legislator has voted in support of these measures. Yet, as is so often the case with social policy in the U.S., shackling women in labor is a problem that has primarily been tackled state by state, which means there is still a long way to go to ensure that all women in custody can give birth safely and with dignity.

    Cross posted from RH Reality Check.

    Posted Under: Uncategorized
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    3 Comments

    July 3, 2010 at 12:49 pm by Rachel Roth

    UPDATE: The AP wire service reports that the governor of Pennsylvania has signed the bill into law.

    [Reply]

    July 1, 2010 at 8:11 am by Beth Messersmith

    Is there a place to learn what the law on this is in our state? I’m in NC.

    [Reply]

    Rachel Roth Reply:

    Dear Beth,

    I do not believe that North Carolina has a law, that is, a state statute, on this issue. The state Department of Corrections and/or the individual prisons for women probably have some sort of policy that describes the rules for shackling people when they are taken out of the prison for medical treatment or other reasons. There may be specific rules for pregnant women. The default in many states is that women are shackled in some way during labor. You can contact the Department and ask, or contact your local ACLU affiliate and see what they know, or contact the Rebecca Project for Human Rights in Washington DC and see what they know. Hope this helps and good luck!

    [Reply]

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