Shackling of an Incarcerated Indigenous Woman During Labour Sparks Legislative Stalemate

An Indigenous woman in Queensland was restrained with shackles while in labour and undergoing a caesarean section. The woman’s health deteriorated, and the shackles were finally taken off on a Friday, according to the group’s chief executive, Debbie Kilroy.

The Guardian

Independent senator Lidia Thorpe introduced two Senate bills—one to ban shackling of incarcerated women during childbirth and another to prohibit strip-searches of children. Labor and the Coalition blocked a vote on the shackling ban, arguing that criminal-justice matters fall under state and territory jurisdiction. The bills were withdrawn before a formal debate, leaving the practice legally permissible at the federal level.

The Guardian

The federal government reiterated that responsibility for prison policy rests with states and territories. Queensland Liberal senator Paul Scarr, breaking with his party, expressed “deep concern” and pledged to raise the issue with the Queensland attorney-general, urging a national cabinet meeting to address the matter.

The Guardian

The National Justice Project labeled shackling and child strip-searches “inhumane, traumatic and profoundly harmful,” noting their disproportionate impact on First Nations Australians. Systems-reform advocate Maureen Harris warned that the practice breaches Australia’s international human-rights obligations under the Bangkok Rules, which prohibit restraints during labour and immediately after birth.

The Guardian

• “In 2026 people can be shackled while giving birth, and children canalso have their clothes removed by adults to examine their bodies legally,” — Lidia Thorpe, independent senator

The Guardian

• “What I’ve heard deeply concerns me and I do hope that this vote shouldn’t be an end to this matter, we’ve got to do better than this and we’ve got to look at ways this issue can be addressed,” — Paul Scarr, queensland liberal senator

The Guardian