Corrections changes policy on handcuffing pregnant prisoners

The Department of Corrections says it will no longer shackle pregnant inmates past 30 weeks and while in hospital after birth.

The policy change comes after Stuff revealed women were being handcuffed to their hospital beds before, during and after labour, sometimes with prison officers in the room, with multiple instances in the past two years. This was despite an Ombudsman report 17 years ago condemning the practice, and handcuffing in labour being condemned as illegal and against Corrections policy.

Corrections chief executive

Jeremy Lightfoot said the previous policy, which allowed the handcuffing of pregnant and postpartum women, ‘‘did not do the best job for responding to the needs of women’’.

He said the new policy, which specifically stated no mechanical restraints could be used on any pregnant prisoner past 30 weeks, during labour or before returning to prison post-partum, made it clear to staff what was acceptable.

Officers would now be expected to use a ‘‘risk assessment’’ process which could include increasing staff numbers, using specifically trained staff, different transport and a multidisciplinary approach.

Prison staff would also be required to stand outside an examination or birthing room.

Corrections acknowledged it needed to change, Lightfoot said.

But the announcement was greeted with caution by Amnesty International.

‘‘Their own internal regulations already prevented them from restraining women during birth and they ignored them,’’ said Amnesty International Aotearoa executive director Meg de Ronde. ‘‘It is all very well to tweak the policies but they need to adhere to them.

‘‘Where is the accountability and the assurance the mechanisms to hold them to account are working, given that it has taken journalists and civil society to bring these issues to light? Is this purely reactive because they were being called to account?’’

De Ronde considered the 30-week cut-off point arbitrary, considering the different health needs of pregnant people at all gestations. ‘‘What should be most important is the rights of that woman and if there are not serious security concerns [handcuffs] shouldn’t be used.’’

Stuff obtained reports from the Office of the Children’s Commissioner detailing the handcuffing practices. These were first requested two years ago, under the Official Information Act.

The 2019 and 2020 visits to the Auckland Region Women’s Corrections Facility and Christchurch Women’s Prison Mothers with Babies Unit were done by the commission as part of its role to uphold the United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

‘‘It is all very well to tweak the policies but they need to adhere to them.’’

Meg de Ronde Amnesty International Aotearoa executive director