The article I read was from the The State newspaper, which is in South Carolina. This particular article was about women prisoners being shackled while giving birth, which violates laws in ten states, but not South Carolina [ACLU Briefing Paper]. A bill was being discussed that would ban prisoners from being shackled during birth, but opponents said (incorrectly) that such a law was already in place. A doctor testifed that he witnessed a prisoner being subdued while birthing and said that the bill needs to be more specific and actually acted on. A spokesperson for the police department said that the proposed policy was in place and a spokesperson for the correctional center stated that the policy was being followed there but the hospital is not acting on it. The article reported:
The bill also requires that pregnant women only be handcuffed in front of their bodies. Cook said this would allow pregnant women to brace themselves in case of a fall. Preventing shackling could also help reduce other risk factors faced by pregnant women, such as deep vein thrombosis.
“What we have learned from seeing patients that have high risk for bad outcomes is that if we can support them, we can decrease the risk of bad outcomes,” Cook said. The bill also extends protections to inmates who have just given birth, prohibiting shackling during the first skin-to-skin contact and nursing of the mother and the child unless there is reason to believe that she is a threat to herself or others. The use of waist restraints before and after the birth also would be prohibited. Thirteen states restricted the use of restraints on pregnant and postpartum women as of June 2019, according to data from the American College of Obstetrics and Gynecology. Twenty-one states allow medical personnel to request that the restraints are removed immediately. In all, 32 states have passed some legislation limiting the use of restraints in some way.
When I read this article, I was just baffled by the fact that policy or bill was even being discussed. Why is this issue being argued? Even though some of the informants interviewed for the article claims that such restrictions on shackling are enacted already and being enforced, the statements of these doctors and healthcare workers is proving it is not. Once again the police officers are not following through on their oath to protect the communities they serve. The article highlighted the role of shift changes in shaping women’s experiences, and how some police officers enforce the policy and others do not. Why is that? What do the officers get out of dehumanizing someone going through one of the most earth shattering events like giving birth?
Senators in South Carolina were also requesting the bill go even more intensive, saying body cavity searches need to be prohibited for pregnant inmates and also dietary observations as well. Why were these not already in place?
I believe there need to be more policies protecting our nation’s incarcerated population and helping them to become rehabilitated. Also, this policy and others like it should be in place to simply protect their humanity and to prevent harm and injustice happening to them. Let’s actually help the people that need it most and deserve grace. I hope this policy gets put in place.
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