Labor and the Coalition are set to reject a bill that would have banned the shackling of incarcerated women during childbirth, with the government saying it was the responsibility of the states and territories.
Independent senator Lidia Thorpe introduced the bills into the Senate, which would prevent shackling and stop children being strip-searched.
“In 2026 people can be shackled while giving birth, and children can can also have their clothes removed by adults to examine their bodies legally,” Thorpe told the Senate.
“The people sitting in this room have the power to end these barbaric, inhumane traumatic and totally unnecessary practices.”
The government said “the responsibility of criminal justice system predominantly sits with state and territory governments”, while the Coalition said it “understands the intent” of the bill but also 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 the Queensland attorney general, Deb Frecklington.
He urged the prime minister to convene a national cabinet meeting.
“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,” Scarr said.
The only data on giving birth while incarcerated was from 2017, when 25 women gave birth.
Fifteen years ago, the UN general assembly adopted the Bangkok Rules on the treatment of female prisoners, which state that prison should be a last resort for pregnant women and that “instruments of restraint shall never be used on women during labour, during birth and immediately after birth”.
The rules were adopted unanimously by the general assembly. But around the world, they are regularly flouted.
Greens leader, David Shoebridge, was scathing of the two major parties in rejecting the bill.
“The Labor party and the Coalition come in here and say it’s a matter for states and territories if they want to shackle women to a bed while they’re giving birth we’ll just let them do that,” he told the Senate. “Don’t torture women giving birth and don’t strip-search children.”
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