Shackling

More victories for pregnant incarcerated women

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Yesterday, a victory from the folks at the National Advocates for Pregnant Women.

This case is pretty horrific. You can see more about Nelson’s story in the RH Reality Check video above. More info:

On Friday, the United States Court of Appeals for the Eight Circuit (the federal level appellate court that reviews decisions from federal district courts in North Dakota, South Dakota, Iowa, Nebraska, Missouri, Minnesota, and Arkansas) issued the long-awaited decision in Nelson v. Norris. In this case, Shawanna Nelson argued that being forced to go through the final stages of labor with both legs shackled to her hospital bed was cruel and unusual punishment, in violation of the 8th Amendment to the Constitution. She argued that she should be allowed to sue the director of the prison and the guard who repeatedly re-shackled her legs to the bed. Ms. Nelson, an African-American woman, was incarcerated for non-violent offenses of credit card fraud and “hot checks.”

The idea of shackling any person during labor is abominable, but in this case the one argument for the practice is bunk. The only argument I can think of (which I definitely don’t agree with) is that an incarcerated person could be “dangerous” and therefore need to be restrained, even while giving birth. It’s ludicrous for even the most “violent” of criminals, let alone a woman like Nelson, who was incarcerated for CREDIT CARD FRAUD. Absurd.

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Belated Mother’s Day Post

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I hope all you mother’s out there enjoyed this weekend. I recently joined an anti-shackling coalition spearheaded by the Rebecca Project for Human Rights (shackling of incarcerated women during childbirth, that is). They have been putting out some great materials, including this op-ed, for mother’s day. From the piece:

In most state prisons and jails, restraints are routinely used on pregnant women, including when they are in labor and when they deliver their babies. Only three states — California, Illinois and Vermont — have legislation regulating the use of restraints on pregnant women. In the other 47 states and the District of Columbia, no such laws exist. The use of restraints on pregnant women, particularly on women in labor and giving birth, constitutes a cruel, inhumane and degrading practice that rarely can be justified in terms of security concerns during the delivery process. In the three states that outlawed shackling pregnant inmates, there have been no cases of mothers in labor or delivery escaping or causing harm to themselves, security guards or medical staff.

I’m very excited to be part of this coalition and hope to keep all the RD readers updated on their work.

Campaign to highlight incarcerated moms

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This card was sent out near Mother’s Day, but I thought I would share it now. The campaign was organized by the Rebecca Project for Human Rights, with a lot of other organizational partners.

The card was sent to legislators in Washington, DC. Here’s the main text of the card:GIVING BIRTH IN SHACKLES: ONE MOTHER’S STORY

In September 2000, the state of Ohio sentenced Arnita to sixty months at the Franklin County Correctional Center in Columbus, Ohio forconspiracy to distribute, a nonviolent drug offense. Nine months afterarriving in prison, Arnita gave birth to her son, Waki. Waki was born inshackles. Federal Marshals placed shackles on Arnita when she lefther cell to travel to the hospital, and these shackles were notremoved until she returned to the correctional facility two dayslater. During Arnita’s C-section, her leg was in metal shackles, chainedto the bed. Arnita remembers the attending physician asking theMarshal, “Do you really have to keep these shackles on?” The Marshalresponded, “Yes, it’s procedure.” Arnita stated that “during my two-daystay at the hospital, the handcuffs were always on, even when I went to the bathroom.”

 

Ending the cruel practice of shackling pregnant women in labor and childbirth is a Mother’s Day gift that we can give to honor all mothers and their struggles, to ensure that women give birth with safety, and to allow all our children to come into the world safe, healthy and with dignity. Please support the effort to end this cruel practice in our federal and state prisons.