Journal Citation:
15(3) CARDOZO JOURNAL OF LAW & GENDER, 477-502 (2009)
The author criticizes the practice of
shackling female prisoners during
childbirth, still used in the United
States, despite its wide spread
condemnation by the international
community. This practice not only causes
humiliation for women giving birth but
also health and safety concerns. This
practice is also contrary to two
international treaties ratified by the
United States- The Convention Against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT)
and the International Covenant on Civil
and Political Rights (ICCPR). The author
examines how domestic human rights
advocates have utilized international
human rights law to slowly eradicate this
practice. Finally, the author argues that
litigation is still needed to stop this
practice and provide redress for women
affected by this policy.