Giving birth without shackles
Senate Commission approves bill banning the use of handcuffs on female prisoners during childbirth
The Constitution and Justice Commission of the Senate unanimously approved, on June 1, a bill (Senate Bill 75/2012) that bans the use of handcuffs on female prisoners before, during and after childbirth. The bill, presented by Senator Maria do Carmo Alves was endorsed by the reporting Senator Ângela Portela, who highlighted the importance of the legislation and presented an amendment to bring the wording in line with international rules on the subject.
“Women in childbirth have the constitutional right to not suffer any form of violence, therefore guaranteeing their dignity. In this respect, the use of any restraints should be considered a serious infringement, as well as an institutional violation of an arbitrary nature,” said Portela.
In a statement, the Criminal Justice Network, of which Conectas is part, reiterated the importance of approving the bill, which it considers progress in the promotion of human rights and a “timid but necessary step towards guaranteeing the humane treatment, without violence or abuse, of imprisoned women”. The network also stressed, however, that childbirth by female prisoners “ought to be an extremely rare occurrence in prisons, given that Brazilian legislation and the Bangkok Rules determine that judges should prioritize non-custodial sentences for pregnant women, as established in article 318, item IV, of Brazil’s Code of Criminal Procedure”.
- Click here to read the statement in full.
