Human rights lawyers call for urgent investigation into reported shackling of Aboriginal teenage mother in WA hospital
Statement for Immediate Release 24 October 2026
Australian Lawyers for Human Rights (ALHR) is concerned by reports that a 16-year-old Noongar mother was shackled to a hospital bed while in police custody at Joondalup Health Campus in Western Australia.
The allegations, if substantiated, raise grave concerns regarding Australia’s compliance with its obligations under core international l human rights treaties and the inhumane and degrading treatment of Aboriginal and Torres Strait Islander women, children and young people within police and justice systems.
The circumstances that have been reported by journalists at National Indigenous Times are particularly troubling given that the young woman is alleged to have been restrained while receiving medical care only weeks after giving birth, and while experiencing significant distress.
ALHR’s President, Nicholas Stewart said “All persons deprived of their liberty retain their fundamental human rights and must be treated with humanity, dignity and respect. Australia is a party to multiple international human rights law treaties that are directly relevant to these allegations. “The International Covenant on Civil and Political Rights (ICCPR) protects the right to liberty and security of person and requires that all individuals deprived of their liberty be treated with humanity and with respect for the inherent dignity of the human person. Similarly, the Convention Against Torture (CAT) obliges Australia to prevent cruel, inhuman or degrading treatment or punishment in all settings, including law enforcement and custodial environments.”
ALHR Vice President and Chair of Children’s Rights, Kerry Weste said, “Shackling a 16-year-old Aboriginal girl to a bed breaches many of Australia’s obligations under the Convention on the Rights of the Child (CRC). The CRC requires that the best interests of the child are a primary consideration in all actions concerning children. It explicitly prohibits subjecting any child to torture or other cruel, inhuman, or degrading treatment or punishment. It obliges all Governments in Australia to ensure that children are only deprived of their liberty as a measure of last resort and for the shortest appropriate period. Furthermore, the UN Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), require that children in custody receive care and protection appropriate to their age, sex and personality. ”
ALHR also notes that the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) affirms the rights of First Nations peoples, including children, to be free from discrimination and to enjoy the highest attainable standard of physical and mental health.
The United Nations Bangkok Rules, the international standard for the treatment of women prisoners, explicitly forbid the shackling of women during labour, birth, and the immediate postpartum recovery period. International human rights bodies, including United Nations mechanisms, have repeatedly expressed concern about the use of restraints on pregnant women and new mothers, recognising that such practices may constitute cruel, inhuman or degrading treatment except in the most exceptional and strictly necessary circumstances.
The allegations must also be understood within the broader context of the overrepresentation of Aboriginal and Torres Strait Islander peoples in policing and detention systems, including longstanding systemic failures regarding the treatment of First Nations women and children.
ALHR calls upon the Western Australian Government to conduct an immediate, independent and transparent investigation into the circumstances surrounding the teenager’s apprehension, hospitalisation and restraint. The Government should publicly explain the legal basis for any use of restraints and demonstrate that any actions taken were strictly necessary, proportionate and consistent with applicable laws and human rights standards.
Ms Weste said, “ALHR is similarly deeply concerned by recent reports from Sisters Inside that an incarcerated Aboriginal woman in Queensland remained shackled in hospital after giving birth, despite objections from hospital staff. It is shocking that these are not isolated cases. We are disappointed that the Senate Legal and Constitutional Affairs Legislation Committee has recommended against passing the Crimes Amendment (Prohibiting Shackling During Childbirth) Bill 2026, which would have provided national protection against a practice that so clearly violates Australia’s international human rights obligations and the rules-based international legal order we claim to uphold.”
Mr Stewart concluded, “ALHR calls for culturally safe, trauma-informed and evidence-based responses when interacting with Aboriginal children and young people, across Australia. Echoing the Redfern Statement, meaningful engagement with Indigenous peoples will be known in Indigenous self-determination. Their voice and active role in the decisions which affect them is central for the change we need.”
Media Contact: To arrange an interview with Nicholas Stewart or Kerry West please email contact: Bailey Broom on bb@jcp.com.au or 0488280796.