NYT Editorial Urges Gov. Paterson To Sign Bill Prohibiting Shackling Of Female Prisoners During Labor

Main Category: Women's Health / Gynecology
Also Included In: Public Health;  Pregnancy / Obstetrics
Article Date: 22 Jul 2009 - 4:00 PDT

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New York Gov. David Paterson (D) should sign a bill prohibiting the "barbaric and medically hazardous practice of shackling female prisoners during labor," a New York Times editorial states. Along with "further frightening these vulnerable women, the practice of chaining their legs, wrists and even their abdomens" during labor "makes treatment and delivery more difficult and places mother and child at greater risk of harm," according to the Times. It adds that five states have similar policies in place. The American College of Obstetricians and Gynecologists several years ago called for an end to shackling during labor, and the Federal Bureau of Prisons last fall "ended the routine use of restraints for women in labor and limited shackling to cases in which a woman presents a danger to herself, the baby or the staff," the editorial states.

The New York measure, which is "[m]odeled on federal prison policy and laws in other states, … would prohibit women from being shackled while being taken to the hospital for a delivery," although an inmate "could be cuffed by one wrist in cases in which she presented a danger to herself, hospital staff or corrections workers," the editorial states. However, "it seems highly unlikely that a woman doubled over in labor pains would be able to attempt an escape or overcome corrections officers," it notes.

The bill "has caused a debate about how many pregnant women are actually shackled in New York," but "recent interviews of female inmates by the Correctional Association of New York … sugges[t] that the practice may be more common than corrections officials know," the editorial continues. "In any case, the bill would put an end to it, by establishing clear guidelines that carry the authority of law," according to the editorial. It adds that Paterson "should make it clear whether he thinks the measure needs minor changes or clarifications." The editorial concludes, "Otherwise, he should sign the bill into law" and "bring New York into line" with the federal government and other states "that have wisely acted to protect pregnant inmates and their children during labor" (New York Times, 7/21).

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