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Ending Restraint of Incarcerated Individuals Giving Birth.

Kayla Tabari House1, Sarah Kelley2, David N Sontag3

  • 1First-year doctoral student at Oregon Health & Science University in Portland.

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Summary

Restraining incarcerated individuals during childbirth should be illegal. Prioritizing clinical needs and empowering healthcare providers are crucial for ethical patient care and safety during labor.

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Area of Science:

  • Medical Ethics
  • Public Health Policy
  • Criminal Justice Reform

Background:

  • Shackling incarcerated individuals during childbirth is a contentious issue with ongoing advocacy for its prohibition.
  • Existing exceptions to restraint bans may still permit prison personnel to shackle patients, limiting clinicians' ability to ensure patient safety.
  • Lack of strong institutional policies can undermine clinicians' confidence in advocating for patient release during labor.

Purpose of the Study:

  • To argue for the ethical and legal prioritization of clinicians' assessments of laboring incarcerated individuals' clinical needs.
  • To highlight the necessity of robust policies that empower clinicians to advocate for patient release during childbirth.
  • To propose a model policy that supports healthcare providers in fulfilling their ethical obligations.

Main Methods:

  • This article presents a policy analysis and ethical argument.
  • It examines the legal and ethical implications of shackling during childbirth.
  • A model policy is proposed for healthcare organizations.

Main Results:

  • Prioritizing clinical assessments is ethically and legally paramount.
  • Clinicians require strong policies to feel empowered to ensure patients are freed during labor.
  • Healthcare organizations must actively support clinicians in their ethical duties.

Conclusions:

  • Prohibiting restraint during childbirth is essential.
  • Healthcare organizations must implement supportive policies for clinicians.
  • A proposed model policy aims to ensure ethical and just care for laboring incarcerated individuals.