Childbirth without shackles

Senate approves bill to ban use of shackles on women during childbirth

The Senate has approved, in a full session, Bill No. 23/2017 that bans the use of shackles on pregnant women during childbirth. The legislation also makes it illegal to shackle women during preparatory medical and hospital treatment and during the postnatal period. The bill will now be signed into law by the president.

The legislation drafted by Congresswoman Ângela Albino alters the Code of Criminal Procedure and turns a presidential decree issued in September 2016 into federal law. With this new law, the decree becomes a state policy.

In Brazil, the prison system does not cater to the basic needs of women, which results in numerous rights violations, such as disrespect for the right to health. This initiative, therefore, attempts to protect the health of pregnant detainees and their infants, given that the use of shackles poses risks such as premature birth.

In a statement, the Criminal Justice Network, of which Conectas is part, said that the approval of the law represents progress in the guarantee of rights, while also highlighting the need for alternative measures. “It is essential to recognize that all pregnancies in prison pose a risk and that childbirth in prison by female detainees ought to be an extremely rare occurrence, given that Brazilian legislation and the Bangkok Rules determine that judges should prioritize non-custodial sentences for pregnant women.”

The bill is also a means of incorporating the United Nations Rules for the Treatment of Women Prisoners (Bangkok Rules) into Brazilian legislation.