Labor and Coalition block bill to ban shackling of women giving birth in prison

Independent senator Lidia Thorpe's bill also sought to stop strip-searching of children; Queensland Liberal Paul Scarr breaks ranks over the vote

By LineZotpaper
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Labor and the Coalition have blocked a vote on a bill that would have banned the shackling of incarcerated women during childbirth, with the government arguing criminal justice is a state and territory responsibility. Independent senator Lidia Thorpe introduced the legislation, which also sought to stop children being strip-searched.

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."

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Analysis

Why This Matters

  • The vote leaves a practice in place that the UN's Bangkok Rules explicitly prohibit, with the only national data on births in custody dating from 2017.
  • Both major parties have declined to act at federal level, arguing states and territories hold responsibility, despite the practice occurring Australia-wide.
  • A Liberal senator has broken ranks, signalling the issue could resurface through national cabinet or Queensland.

Background

Criminal justice in Australia is primarily the responsibility of state and territory governments, which both Labor and the Coalition cited in opposing the bill. Fifteen years ago the UN general assembly adopted the Bangkok Rules, stating that restraint instruments should never be used on women during labour, birth and immediately after birth, and that prison should be a last resort for pregnant women. The rules were adopted unanimously but are regularly flouted around the world.

Key Perspectives

Senator Lidia Thorpe (Independent): Described the practices as "barbaric, inhumane traumatic and totally unnecessary" and said the Senate had the power to end them. Labor government and Coalition: Argued criminal justice responsibility rests with states and territories; the Coalition said it understood the bill's intent but would not support it. Senator Paul Scarr (Liberal, Queensland): Broke with his party, saying he was "deeply concerned", and pledged to raise the matter with Queensland's attorney general.

What to Watch

  • Whether Senator Scarr's promised approach to the Queensland attorney general leads to state action.
  • Whether the prime minister responds to the call for a national cabinet meeting.
  • Whether any new data on births in custody emerges, given the only figures are from 2017.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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