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<a href="http://www.indypendent.org/2009/07/23/chained-in-childbirth/">
http://www.indypendent.org/2009/07/23/chained-in-childbirth/</a>
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Chained in Childbirth: Gov. Paterson Urged to Sign Bill That Protects
Pregnant Prisoners. “They shackled my hands and feet when I went into
labor,” one woman recalls.<br>
By Jacquie Simone<br>
From the July 24, 2009 Issue<br><br>
UNBINDING PREGNANT INMATES: Toya Murray, who was shackled during labor
while serving a prison sentence, joined a July 9 rally urging Gov.
Paterson to ban the practice in New York. PHOTO: JACQUIE SIMONE<br><br>
Childbirth is a painful and difficult experience for most women, but Toya
Murray says for her, it was torture. Like many other incarcerated women
across New York state, she was shackled immediately before and after
giving birth.<br><br>
“When it was due for me to have my baby, they shackled my hands and feet
when I went into labor to go to the hospital,” Murray said.<br><br>
Murray was pregnant when she began serving a 15-month sentence for a
nonviolent crime at Bedford Hills Correctional Facility in Westchester
County in 1996. She was often shackled when transported between
facilities, but said she never experienced anything like the discomfort
of being restrained during labor, when she was unable to move her arms or
legs. She worried that her child’s safety would be jeopardized since she
had little control over her body.<br><br>
Once the baby was born safely, Murray’s ability to hold her newborn was
limited by the metal shackles. What should have been a tender moment
between mother and child was awkward and restricted.<br><br>
“Anything could have happened when the baby came out. I felt very
uncomfortable,” Murray said. She told her story outside Gov. David
Paterson’s Manhattan office July 9, at a rally held to end the shackling
of inmates before and after delivery.<br><br>
A coalition of more than ten organizations worked to push anti-shackling
legislation through both the New York State Senate and Assembly in May.
This network, which includes the Correctional Association of New York,
Human Rights Watch and Women on the Rise Telling HerStory (WORTH), is now
waiting for Gov. Paterson to sign the bill.<br><br>
The bill bans the use of restraints on incarcerated women during labor
and postdelivery recovery, and limits the use of restraints during
transportation to and from hospitals. It was passed unanimously in the
New York State Senate and overwhelmingly in the state Assembly.<br><br>
The decision to use restraints during labor and childbirth is currently
within the purview of individual correctional officers. The bill creates
uniform statewide standards and only permits one wrist restraint during
transportation if the pregnant woman has an exceptionally high risk of
injuring herself or personnel.<br><br>
In 2004, an estimated 4 percent of women in state prisons, 3 percent of
women in federal prisons and 5 percent of women in jail were
pregnant.<br><br>
Illinois, California, Vermont, Texas and New Mexico are currently the
only states that have laws prohibiting the shackling of women in
labor.<br><br>
The American College of Obstetricians and Gynecologists and the American
Public Health Association have condemned shackling because it causes
severe pain and trauma, according to a legislative report released May 20
by Sen. Velmanette Montgomery (D-Brooklyn). The Center for Reproductive
Rights stated that shackling prevents a woman from moving to alleviate
contraction pains. This increases stress on the woman’s body and may
decrease the flow of oxygen to her fetus.<br><br>
Additionally, Serena Alfieri, associate director of policy for the Women
in Prison Project, explained that shackling often delays transportation
to the hospital.<br><br>
“Putting shackles around your ankles, arms and around your waist and
connecting them to your arms is a process,” Alfieri said. “If you are in
labor, that process could be torture for you.”<br><br>
The New York Civil Liberties Union (NYCLU ) recently took up the issue
with a report entitled, “Access to Reproductive Healthcare in New York
State Jails.”<br><br>
“We found that of the 66 local correctional facilities [in New York
state], only three had written policies about the use of shackles and
only two actually prohibited it altogether,” said Ami Sanghvi, a NYCLU
staff attorney. She considers shackling women in labor a violation of the
Eighth Amendment, which prohibits cruel and unusual punishment.<br><br>
According to a statement released by rally organizers, prisons in New
York City have restricted the use of restraints on incarcerated women
during labor since 1990. Since then, there have been no reported
incidents of escape or harm to medical or correctional staff.<br><br>
“Shackling cannot be justified as a measure necessary to prevent escape:
women cannot run with any significant level of speed during labor or
recovery after delivery,” the statement read.<br><br>
Former inmate and mother Jeana Marie recalls her experience of giving
birth in shackles.<br><br>
“Being handcuffed took away from the special moment of my child’s birth
and made me feel like less of a mother,” she said. “It was a very
emotionally difficult experience.”<br><br>
For eight years, The Indypendent has printed truth in the face of power.
With political and economic systems faltering, there is an opportunity
for real change from the bottom up. But this means having a vibrant
independent media. Consider supporting The Indypendent as a monthly
sustainer, donating as little as $5 a month. Please visit
indypendent.org/donate. <br><br>
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