Use of restraints on pregnant women
There is also a risk of experiencing physical and emotional abuse, mental health issues, and untreated sexually transmitted infections.
[8] Moreover, these justifications are identical to those used to support the use of restraints on male and female inmates in general population across various state and federal facilities.
[8] Correctional department officials also cite their responsibility or burden to balance the health and safety of the inmate with that of the public in further support of the use of restraints on pregnant women.
They argue foremost the use of restraints on pregnant women raises important human rights concerns and increases the health risks to the woman and her child.
[7] In particular, the International Human Rights Clinic, CLAIM, and the American Civil Liberties Union (ACLU) filed a joint report stating, "Women who are pregnant, in labor, or in postpartum recovery are especially low flight and safety risks.
[2] This includes diagnostic tests to determine the source of abdominal pains and nausea, hypertensive diseases—which occur in 12–22% of pregnancies—and of vaginal bleeding.
[3] California, Illinois, and New York have passed statewide legislation to eliminate the practice[1] and a total of 24 states have adopted policies limiting the use of restraints on pregnant prisoners.
[10] It was created by the National Task Force on the Use of Restraints with Pregnant Women under Correctional Custody to guide and assist institutions and jurisdictions in "the development of local policy and practice".
[10] The report outlines five key principles on which the Task Force reached a consensus, and 11 recommendations concerning the use of restraints on pregnant women.
[10] ACOG standards specifically state that the use of restraints on pregnant incarcerated women and adolescents compromises health care and is inhumane.
[13] In January 2006, California passed legislation stating that a pregnant "inmate shall not be shackled by the wrists, ankles, or both during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth.
The FIRST STEP Act prohibits the use of restraints on pregnant women, unless the woman "is an immediate and credible flight risk that cannot reasonably be prevented by other means" or "poses an immediate and serious threat of harm to herself or others that cannot reasonably be prevented by other means" or "a healthcare professional responsible for the health and safety of the prisoner determines that the use of restraints is appropriate for the medical safety of the prisoner."
Many state and federal level policies enacted to eliminate or reduce the use of shackles on pregnant women have served as a response to these recommendations and statements issued by the United Nations.
[23] On the legal front, the use of restraints on pregnant women has been repeatedly challenged for violating the Eighth Amendment of the United States Constitution, which prohibits "cruel and unusual punishment".
[24] In a recent landmark decision, the United States Court of Appeals for the Eighth Circuit supported this claim in the case, Nelson v. Correctional Medical Services.
The Court held that the Arkansas law "'clearly established' that shackling a woman prisoner during labor and delivery violated the Eighth Amendment, imposing cruel and unusual punishment.
