The Australian Senate has blocked a proposed bill that sought to outlaw the shackling of incarcerated women during childbirth and halt the strip-searching of children in detention. The legislation, introduced by independent senator Lidia Thorpe, was blocked by both the Labor and Coalition parties, with the government arguing that criminal justice matters fall primarily under the jurisdiction of state and territory governments.

Thorpe described the continuation of these practices as "barbaric, inhumane, traumatic and totally unnecessary," highlighting that women are still being restrained while giving birth and that children are subjected to strip searches. She vowed to reintroduce the bill, expressing deep disappointment that senators who expressed concern ahead of the debate ultimately did not support the measure.

The government and Coalition parties maintained their position, emphasizing states and territories’ responsibility over corrections and citing jurisdictional boundaries. Despite this, Queensland Liberal senator Paul Scarr broke ranks with his party, expressing “deep concern” about the nationwide use of restraints during childbirth and pledging to bring the issue to the attention of the Queensland attorney general, Deb Frecklington. Scarr called on Prime Minister Anthony Albanese to convene a national cabinet meeting to address the matter.

Data on childbirth in custody is limited, but figures from 2017 indicate that 25 women gave birth while incarcerated. International standards, including the United Nations Bangkok Rules adopted 15 years ago, explicitly prohibit the use of restraints on women in labor, during birth, and immediately postpartum. However, these guidelines are frequently ignored, both in Australia and globally.

Advocates and legal experts described the practices as deeply harmful and discriminatory, especially against First Nations Australians. Maureen Harris, a systems reform advocate with the National Justice Project, said the practices violate Australia’s international human rights obligations and called for a coordinated national response. Mish Poni, chief executive of Flat Out—a support group for incarcerated women and gender diverse people—argued that the Commonwealth government had the authority and responsibility to legislate an end to these practices but had chosen to defer action to state and territory governments.

The Congress of Aboriginal and Torres Strait Islander Nurses and Midwives also condemned the use of shackles during childbirth as incompatible with safe, culturally respectful maternity care, warning that it endangers both the health and dignity of women and their babies.

Independent senator David Pocock criticized the government for routinely dismissing crossbench bills, suggesting such a stance undermines democratic principles. Greens leader David Shoebridge called the decision “disgraceful,” accusing the major parties of allowing states and territories to continue what he described as an unacceptable violation of human rights.

The debate raises significant questions about Australia’s commitment to safeguarding vulnerable populations within the criminal justice system and the division of legislative responsibility between federal and regional authorities. The bills’ rejection signals ongoing challenges in enacting reforms to protect the dignity and rights of incarcerated women and children at a national level.