Bound by Injustice: Challenging the Use of Shackles on Incarcerated Pregnant Women

Authors: 
Title: 
Bound by Injustice: Challenging the Use of Shackles on Incarcerated Pregnant Women
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.