I am always humbled by the bravery of woman and men who are willing to risk their own safety to report injustices against other human beings. The letter from a prisoner reporting alleged (I use the term alleged because Amnesty International has not been able to verify the incidents) abuses against woman and pregnant women prisoners tells a story that is not unfamiliar to countless prisoners around this country and the world.

Women who are imprisoned in the USA face a dire human rights situation. County, state and federal facilities have no consistent practices for the treatment and care of prisoners, and female prisoners suffer from countless violations. In 2001, Amnesty International, USA (AIUSA) has surveyed all 50 states, the District of Columbia and the US Bureau of Prisons. At the time AIUSA found major gaps in law and practice. Most states do not provide adequate protection, women prisoners are subjected to pat-down searches by male guards, housed in male facilities, forced to perform sexual acts for privileges and supplies such as menstrual pads, sexually harassed and raped.  In 1999, there were 14 states that had no laws prohibiting sexual misconduct, today all states except Vermont have laws criminalizing sexual misconduct, and in 2003 the Prison Rape Elimination Act was passed by Congress and several states have worked to make changes legislatively.

The Federal Government has yet to establish national standards as recommended by this act, and laws which apply to Federal prisons do not apply to private prisons, such as the NWDC.

There is much more to discuss about sexual misconduct and women prisoners, but I want to focus on pregnant woman who are incarcerated. Amnesty International is extremely concerned about the shackling of pregnant women prisoners. There continues to be a lack of policies and legislation to protect women and their babies from harm. Pregnant women are often shackled during transport, labor and delivery, and may never have a chance to hold their new babies before they are whisked away. Shackling and restraints are not only a violation of international human rights violations, but lack of mobility may hamper a woman's ability to move during contractions to alleviate pain and can be dangerous during transportation due to the risk of falling and an inability to break the fall when restrained. Most concerning is the delay restraints may cause if complications arise during delivery and an emergency C-section must be performed. In such a situation, a delay of even five minutes could result in brain damage for the baby. Postpartum, restraints may also prevent women from breast-feeding and from recovery best accomplished by walking.

Routine use of restraints on pregnant women is cruel, inhuman and degrading treatment, and given the factors that prevent pregnant or birthing women from attempting escape or becoming violent, the presumption should be that no restraints should be applied. Women's privacy and dignity must be respected during all doctor's visits and during labor and birth.

The Federal Bureau of Prisons has no legislation regulating the use of restraints on pregnant women.  Pregnant women in federal facilities may be shackled during transport [to the hospital or medical appointment) and during labor.  However, since the NWDC is a private, for-profit facility, run by the Geo Group, even if there were federal prison standards against shackling pregnant women, they would not apply to NWDC.  There are NO binding or enforceable standards for immigrant detention.  Hence, private companies like Geo Group are racing to cut costs in order to make a buck off high-margin immigration detainees, without fear of lawsuits or retribution.

What to do?

1. Learn more about the issue on our website:

http://www.amnestyusa.org/violence-against-women/abuse-of-women-in-custody/page.do?id=1108288&n1=3&n2=39&n3=720

2. Check out the following link; it is a sample letter on policy guidelines and Amnesty International's recommendations on the treatment of pregnant women. These are recommendations that EVERY prison facility should absolutely be required to adhere to, without exception. Use the recommendations below and call the facility, expressing your concern for the treatment of pregnant women at the facility and asking for the facility to bring their policies in line with international human rights standards.

http://www.amnestyusa.org/abuse-of-women-in-custody/letter-use-of-restraints-on-pregnant-women-in-the-us/page.do?id=1108304&n1=3&n2=39&n3=720

3. Send reports of mistreatment at this facility to Mona Cadena, c/o Amnesty International at 1663 Mission Street, suite 604, San Francisco, CA 94109.  You can also send reports via email to mcadena@aiusa.org.

Mona Cadena is the Deputy Director of Amnesty International, West.  Her office is located in San Francisco, California.