Labor and the Coalition have blocked a vote on a bill that would ban the shackling of incarcerated women during childbirth and prevent children from being strip-searched. Independent senator Lidia Thorpe introduced the legislation in the Senate, saying it was unacceptable that in 2026 women can be shackled while giving birth and children can have their clothes removed by adults to examine their bodies legally. "The people sitting in this room have the power to end these barbaric, inhumane traumatic and totally unnecessary practices," she told the Senate.
The government said responsibility for the criminal justice system predominantly sits with state and territory governments. The Coalition said it "understands the intent" of the bill but would not support its passage.
Queensland Liberal senator Paul Scarr broke ranks to condemn the major parties, describing himself as "deeply concerned" by the Australia-wide practice and vowing to raise it with Queensland attorney general Deb Frecklington. He urged the prime minister to convene a national cabinet meeting. "We've got to do better than this and we've got to look at ways this issue can be addressed," Scarr said.
The only data on giving birth while incarcerated is from 2017, when 25 women gave birth. Fifteen years ago the UN general assembly unanimously adopted the Bangkok Rules on the treatment of female prisoners, which state that instruments of restraint shall never be used on women during labour, during birth and immediately after birth. Greens leader David Shoebridge was scathing, telling the Senate: "Don't torture women giving birth and don't strip-search children."