Giving Birth in Shackles: A Constitutional and Human Rights Violation

Abstract

Introduction 223 Background 224 I. Where and How Shackling Is Happening 224 II. Effects of Shackling on Women’s Physical and Mental Health 226 III. Shackling Affects a Significant Number of American Women Each Year 227 IV. Legislative Efforts to Ban Shackling in California, Illinois, and New York 228 Analysis 231 I. Shackling Violates the U.S. Constitution 231 II. Human Rights Law is Persuasive Authority 237 III. Shackling Violates International Human Rights 239 A. Broad Protections for Pregnancy and Maternity 239 B. Right to the Highest Attainable Standard of Health 243 C. Right to Integrity and Security of Person 249 D. Right to Dignity and Freedom from Cruel, Inhumane, and Degrading Treatment or Punishment 250 Conclusion 255