Labor and Coalition block bill that would ban incarcerated women being shackled in childbirth

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 saying it was the responsibility of the states and territories.

Independent senator Lidia Thorpe introduced the bills, which would prevent shackling and stop children being strip-searched, into the Senate.

“In 2026 people can be shackled while giving birth, and children canalso 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 the 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.

Paul Scarr, a Queensland Liberal senator, 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.

Thorpe told Guardian Australia she was disheartened by the government and Coalition blocking the vote on the bill, and promised to reintroduce it.

She said every senator she had spoken to about the bill ahead of debate on Thursday was shocked by the practice, yet failed to support the bill.

“It’s just so demoralising and so disrespectful and disappointing to all of those women and children that are being tortured through these outdated, barbaric practices,” she said.

“The hearts were bleeding from all of these senators, but come vote time they blocked the vote from happening because they did not want to be seen out there in this country to be supporting these practices.”

She argued there was no legal advice to say the government could not override the states to ban the practice.

The 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.”

The independent senator David Pocock said the government should support bills from the crossbench.

“Unfortunately it seems to be when a bill is brought forward in good faith by crossbenchers the government has this policy that they will not support any bills other than their own bills and I don’t think that speaks to a healthy democracy.”

The National Justice Project described both shackling and the strip searching of children as “inhumane, traumatic and profoundly harmful”

The fact that they continue to occur would shock many Australians, it feels unimaginable to think about them happening to you or members of your family,” systems reform advocate Maureen Harris said.

“They are discriminatory in their impact on First Nations Australians. They breach our international human rights obligations and our responsibilities to protect children and ensure safety and dignity for women in childbirth.”

A national response is necessary, Harris said, and a failure to vote for the bills was an abandonment of those responsibilities.

Mish Pony is the chief executive at Flat Out, which supports incarcerated women, trans and gender diverse people.

They said the practice of shackling during childbirth should be immediately abolished and that the commonwealth had the power to do so.

“Labor and the Coalition have decided to leave this up to the states and territories. The national prisons guidelines already state that restraints are not to be used during and immediately following childbirth, yet the practice continues,” they said.

“It is clear that leaving it up to the states and territories is no longer an option.

“The commonwealth is ultimately responsible for ensuring Australia meets its international human rights obligations and has the power to legislate to do so, as it has before.”

The Congress of Aboriginal and Torres Strait Islander Nurses and Midwives said the practice was “inconsistent with safe, respectful and culturally safe maternity care and poses unacceptable risks to the health, wellbeing and dignity of women and babies”.