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September 02, 2009
MA: Time to Pass a Law in MA Banning the Use of Shackles for Women in Labor, Delivery and Post-Partum
Published in the September 2, 2009 Daily Hampshire Gazette, Northampton, MA
To the editor:
Unlike New York ("6th State will curb shackling - N.Y. set to ban use on pregnant women"), Massachusetts has no law banning the shackling of women prisoners who are in labor.
A Massachusetts Department of Correction (DOC) policy allows the routine use of shackles on pregnant women although during the second and third trimester women prisoners are to be handcuffed only. According to DOC policy, full restraints are to be used when returning a woman to jail or prison after birth. Waist shackles cannot be used.
Despite the DOC directive, the experience of many women in Massachusetts is that they are shackled unless a medical practitioner attending the birth directly intervenes. Routinely, women are shackled to the bed by one foot within two hours after giving birth.
For this to begin to change (H.1490) "An Act Relative to Pregnant and Postpartum Inmates" introduced by Rep. Kay Khan needs to pass. Massachusetts would then have a law explicitly stating no shackling of women traveling to or from a hospital and no shackling during delivery. Attention can then be given to the woman and the newborn's health and the burden no longer fall on the doctor or nurse midwife, who now must convince a guard that a woman in labor poses no security or flight risk.
Lois Ahrens
Real Cost of Prisons Project
Northampton
http://www.gazettenet.com/2009/09/02/time-ban-shackles-pregnant-prisoners?CSAuthResp=%3Asession%3ACSUserId|CSGroupId%3Asuccess%3A3DzZJYI058Zt7AD7D49Jgg%3D%3D&CSUserId=8254&CSGroupId=5
Posted by lois at September 2, 2009 08:47 AM