The National Justice Project supports an end to shackling during childbirth and strip searching of children, practices that can cause serious physical and psychological harm and disproportionately affect people already experiencing discrimination.Â
That’s why we have made two submissions to the Legal and Constitutional Affairs Legislation Committee supporting Bills that would prohibit these harmful and degrading practices in Australia’s criminal justice system.Â
Ending shackling during childbirthÂ
Childbirth is one of the most vulnerable moments in a person’s life. Shackling people during labour and childbirth is unnecessary, can cause physical and psychological harm, and put both parent and baby at risk.Â
The Crimes Amendment (Prohibiting Shackling During Childbirth) Bill 2026 would prohibit the use of restraints during labour, childbirth and immediate postnatal recovery. In our submission, we explain why this practice is inconsistent with human rights standards and why stronger protections are needed for people giving birth in custody.Â
Senator Lidia Thorpe has introduced the Crimes Amendment (Prohibiting Shackling During Childbirth) Bill 2026 to prohibit the use of restraints during labour and immediately after birth.Â
Read our submission here.
Ending strip searches of childrenÂ
Children should be treated with care and dignity. Yet children in custody are routinely subjected to strip searches, an invasive practice that can cause serious harm and trauma, and is disproportionately experienced by First Nations children.Â
The Crimes Amendment (Prohibiting the Strip Searching of Children) Bill 2026 would prohibit strip searches of anyone under 18. In our submission, we explain why strip searching children is incompatible with their rights and why it should not be allowed in police, prison or youth detention settings.Â
Senator Lidia Thorpe has introduced the Crimes Amendment (Prohibiting the Strip Searching of Children) Bill 2026.
Read our submission here.
