We expressed our support for the Bill, which seeks to prohibit the use of restraints on people in custody while they are in labour, giving birth, and immediately after birth. We noted our concern about the significant harms that restraints can cause to both mother and child and argued that a continuation of the practice would be in breach of Australia’s obligations under international law.
Specifically, our concerns were:
- Use of restraints during childbirth and pregnancy can create new trauma, increase the risk of birth complications, and interfere with the ability of medical professionals to provide lifesaving care;
- First Nations people are disproportionately exposed to the harms restraints can cause;
- Custodial guidelines are insufficient to prevent the use of restraints- Commonwealth legislation is required to ensure that the practice is prohibited;
- Without compulsory reporting, there is a risk that more women have and will be restrained during childbirth without the awareness of the public or oversight bodies; and
- Use of restraints during childbirth is in breach of international law and inconsistent with international standards, specifically the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the Nelson Mandela and Bangkok Rules.
We recommended that the Commonwealth Parliament use its constitutional powers to legislate to introduce a prohibition against the use of restraints during childbirth. If the Bill does not pass, measures should be introduced to make use of restraints during childbirth an event that requires compulsory contemporaneous reporting.
