Did Mother’s Day end early this year?

Mother’s Day seemed to end early and abruptly this year.

In Australia, under the proposed new national budget, women who have a child, otherwise known as mothers, face paying 30% more on student loans than their male counterparts. No matter that another government policy encourages women to have three children, one for ma, one for pa, and for the nation down the road: “These aren’t choices we force on men. These are penalties we extract from women, based on their gender.”

Speaking of penalties, this week, the Pennsylvania ACLU revealed that in Pennsylvania, pregnant women prisoners are routinely shackled, including during childbirth. Pennsylvania is one of the states that actually has a law, the Healthy Birth for Incarcerated Women Act, which prohibits this kind of treatment. That law was passed in 2010. The ACLU has written to the Attorney General of Pennsylvania asking her to `clarify the law.’

Speaking of clarifying the law, Marissa Alexander still can’t catch a break. For having shot once in the air and not endangered anyone, in order to ward off an abusive partner, Marissa Alexander still faces a possible 60 years behind bars. While her lawyers may have all sorts of new evidence, the prosecuting attorney says the evidence isn’t new enough and the judge is worried about the precedent set by having a second Stand Your Ground hearing. Happy Mother’s Day.

But for the women farmworkers of Immokalee, it may just be a Mother’s Day to celebrate. For the fourth year in a row, farmworker mothers, members of the Coalition of Immokalee Workers, stormed the ramparts of Publix, armed to the teeth with hope, a vision of a decent and dignified future for all, a dream of industrial democracy, and a letter, which read:

“May 11, 2014
Mother’s Day

To Publix:

We are farmworker women.  This is the fourth celebration of Mother’s Day in which we are writing to Publix to ask that you join the Fair Food Program.

As mothers, we work in the fields to support our families, especially to help our children through school.

As mothers, we do not make enough to fully support our family.  And the little that we do make is not easy to earn: We work under the sun and rain of Florida.  We do everything so that you can have tomatoes:  we plant, we tie up the plants, we harvest, and then we do it all again the next season.  In spite of all that, it seems that you do not understand and do not want to hear the voice of farmworkers.

Publix profits from the sweat of those of us who work in the fields.  We deserve respect and we deserve a fair wage.

Now is the time to join the Fair Food Program to protect the rights of workers and ensure a fair wage, with the penny per pound that 12 other corporations are already paying.  What are you waiting for, Publix?

Sincerely,

The Women’s Group of the Coalition of Immokalee Workers”

After delivering the letter, Lupe Gonzalo reported, “Publix presumes to say that they support families — but in reality, we don’t see this support. And we are not afraid to tell them that what they are saying is not true.  We are not afraid to come and protest in front of their stores.  Because we are speaking the truth, with our heads held high. For all of us, when we speak to our children, we tell them the truth.  And we tell them that Publix has not signed onto the Program because they are afraid.  Even children can see that.  But what does Publix say to its children?  Only lies?  Is that how they are educating their children?  That is not how we prepare our children for the future.”

Others, like Nely Rodriguez, mother of four, agreed. Now is the time!

Thanks to the work of women like Marissa Alexander, Lupe Gonzalo, Nely Rodriguez, maybe Mother’s Day didn’t end early this year, because, for them, the struggle of women continues, and that’s what Mother’s Day is all about.

(Photo Credit: Coalition of Immokalee Workers)

Women need more than a day to become visible and full human beings

March 8 was International Women’s Day. Two recent events in the United States show that we need more than a day to establish women’s rights.

While bills to ban shackling pregnant women in custody were being discussed in both Maryland and in Massachusetts, a Virginian lawmaker declared, “Once a child does exist in your womb, I’m not going to assume a right to kill it just because the child’s host (some refer to them as mothers) doesn’t want it.” After being roundly criticized, he said that his words were taken out of context and what he really meant was bearer instead of host.

Meanwhile, in Maryland at the hearing of HB 27 Healthy Births for Incarcerated Women Act, lawmakers pondered how to “manage pregnant women” in prison. They focused on security issues for guards and the general public and what possible incidents could occur if pregnant inmate walk without shackles. Responding to a delegate’s question on the history of escape by pregnant inmates, one witness for the Department of Public Safety said, “ We are not aware of any incident like this but we want to make sure.”

As they debated whether the bill was not too lenient on pregnant inmates, a delegate wondered, “How do we go back about writing a bill? Precisely what is the nature of the security issues?” Again the Department reported zero incidents. Throughout the discussions of `safety and security’, the actual facts and realities of being incarcerated while pregnant and possibly being shackled became invisible and the safety of the women was of no concern.

All that changed with the testimony of Delegate Mary Washington, the Bill’s sponsor; Sara Love, Public Policy Director of ACLU Maryland; and Jacquie Robarge, Executive Director of Power Inside, an organization that “serves women impacted by incarceration.”

Jacquie shared a report from inmates who witnessed pregnant women shackled during transport. No officials take notice of the lived situations of incarcerated women. A code of silence permeates prisons and jails, and so the only way to know what is happening comes from other inmates. That is why such a bill is necessary. For lawmakers, however, the main point of contention was to make sure that the “host” could be controlled at any time.

In Virginia, State Senator Steve Martin’s `host’ response to the valentines’ card sent by reproductive rights advocates, via Facebook, reminded women that their reproductive capacity made them less than a full being in a state that claims to protect democratic values. It comes as no surprise that Senator Martin supported both the mandatory ultrasound bill as well as the personhood bill. Fortunately, the `hosts’ organized and defeated both bills.

The Maryland and Virginia examples reveal the position of women in the minds of too many lawmakers today. Women need more than a day to become visible and full human beings.

(Photo Credit: Grassroots Leadership)

Massachusetts Stops Shackling Women (Prisoners) in Childbirth!

 

Yesterday, we asked, “Will Massachusetts stop shackling women prisoners in childbirth?” Today, the Governor gave his answer. Yes! Governor Duval Patrick today said, “We will end finally, completely and immediately the use of restraints on pregnant inmates in labor.” Yes!

The struggle does not end with the Governor’s regulation. As Senator Karen Spilka, who sponsored the bill currently in the Massachusetts legislature, noted, “It’s not necessary, it’s inhumane, and it can be very detrimental to the woman and the baby. We need to codify this to strongly send a message that we are a state that treats our women humanely and wants to foster their health and wellness.”

Or, as Governor Patrick succinctly said, “Regulation is good, but here law is better.”

The bill puts the shackling of women prisoners in childbirth in the context of pregnant women’s rights to well being, to decent and affirmative health care. Shackling pregnant women is inhumane and misogynistic. It hates women as women.

Senator Karen Spilka and Representative Kay Khan, along with the women and men of ACLU, NARAL, The Prison Birth Project, and others will keep the struggle going for passage of the legislation. But for today … YES! Yes, women prisoners are women. Yes, it is wrong to shackle pregnant women. Yes, it is right to support women’s right to health, well being, and being women. Yes!

 

(Image Credit: RadicalDoula)

Healthy Births for Incarcerated Women: Women are the etc.

In Annapolis today, the Maryland House of Delegates Judiciary Committee is scheduled to conduct hearings on HB27, the Healthy Births for Incarcerated Women Act. Delegates Mary L. Washington, Ariana B. Kelly, and Barbara A. Robinson sponsored the bill. Its synopsis reads: “Prohibiting the use of a physical restraint on an inmate while the inmate is in labor or during delivery; requiring the medical professional responsible for the care of a specified inmate to determine when the inmate’s health allows the inmate to be returned to a correctional facility after giving birth; prohibiting, with specified exceptions, a physical restraint from being used on a specified inmate; requiring a correctional facility to document specified use of a physical restraint; etc.”

Etc. Women are the etc.

Across the United States, women are being imprisoned at a high rate, higher than any other group, according to some reports. From 1977 to 2004, Maryland `enjoyed’ a 353 percent increase in women going to prison. Maryland has one women’s prison, in Jessup. In Jessup, the women prison population breaks down as follows: 53 percent are Black women; 46 percent are White women. (Almost ¾ of Maryland’s prison population is Black, while only 30% of Maryland’s population is Black.)

Most of the women are in for drug-related offenses. Many are in for longer terms, `thanks’ to Three Strikes and mandatory sentencing policies.

Mary Washington introduced a similar bill last year, which was so watered down in committee that it was gutted of any serious content. Hopefully this year’s bill will fare better. Washington has been working with the ACLU of Maryland; Power Inside, a Baltimore group that “serves women impacted by incarceration, street life and abuse”; law faculty from the University of Maryland Law School; students from the University of Maryland – Baltimore County; members of Women In and Beyond the Global; and others.

According to Washington, “One of challenges that these women face is that they are permanently scarred, emotionally and in some ways physically, from being restrained during pregnancy and during birth.”

Maryland is one of a number of states in which legislators are trying to ban the shackling of pregnant women prisoners. In each state, part of the struggle is that women are the etc. Opponents suggest security and flight risks; they share anecdotes of prisoners who have escaped while in hospital. Those anecdotes never involve women, much less pregnant women, much less women in labor or childbirth. Last year, when those anecdotes were presented to the Judiciary Committee, no one mentioned that salient issue.

Women are the etc.: women of color, working women, women prisoners, women. The Healthy Births for Incarcerated Women involves all women, any woman, every woman.

 

(Photo Credit: DaretobePowerful.com)

Michigan: Demand clear standards that protect the rights and health of pregnant inmates!

In Maryland, incarcerated women are struggling for the right to safe and humane birthing conditions.  Currently, Maryland practices the shackling of pregnant inmates before, during, and after labor and the delivery of their babies.

But this isn’t the only state where that proverbial glow radiating from expectant mothers is dulled by the heavy chains habitually used to restrain them.  In fact, only 18 states have legislation limiting the use of shackles on pregnant women.  Michigan is one of those states.

Huron Valley Correctional Facility in Ypsilanti is the only women’s prison in Michigan.  According to the operating procedures at HVCF, pregnant prisoners are handcuffed during transport to the hospital, even if they are in active labor. At the hospital, the prisoner’s handcuffs are removed and no other form of restraint may be used during labor and delivery, with exceptions through authorization.  However, there is no state legislation mandating this practice.  Furthermore, not all incarcerated women are housed at Huron Valley; many serve their sentences in local jails throughout the state.  What are the operational procedures, if any, that protect pregnant and postpartum women there?  And how is HVCF held accountable to make sure they comply with operating procedures?

There are three main reasons why we should be concerned about the shackling of pregnant inmates: 1.) cruelty, trauma, and humiliation associated with shackling, 2.) the significant health risks they pose to pregnant women, and 3.) constitutionality. According to the ACLU, every single court that has consider the practice of shackling women during labor has found it to be unconstitutional.

On Tuesday January 28th, Maryland lawmakers will gather in Annapolis to decide on the fate of HB27, the “Healthy Births for Incarcerated Women Act.”  Michigan should follow Maryland’s lead by demanding clear standards that protect the rights and health of pregnant inmates.

 

(Photo Credit: Michigan Department of Corrections)

Stop shackling pregnant women!

Alicia Beltran

Alicia Beltran

In Wisconsin, Alicia Beltran, 14 weeks pregnant, went for a prenatal check up to make sure that everything was going to be well. She explained to the PA in her doctor’s office her concerns. One was a pill addiction that she had actually ended a year earlier. Instead of addressing her concerns, her doctor’s office betrayed her trust and the celebrated code of confidentiality between patients and doctors, supposedly the basis of medical practice. They called the police. Two days later, the police came to Beltran’s home and shackled her. She was rushed to court handcuffed and shackled, where she was denied access to a counsel but where a lawyer was already assigned to represent her fetus. Then, she was ordered into a drug treatment program although there was no trace of drug in her body, although she was taking care of herself, although she had trusted her doctor and society to respect her as a person. For Beltran, the consequences of this abusive treatment are dire. They include losing her job. In fact, the state has endangered her health, the health of her fetus, her social status and the well being of her family, current and future.

Wisconsin is one of 38 states, including Maryland, that has passed so-called feticide laws. Three states – Wisconsin, Minnesota, South Dakota – have passed “cocaine mom” laws, and that’s what happened to Alicia Beltran. Finally, the first federal lawsuit to challenge these laws has been filed by The National Advocates For Pregnant Women, the Reproductive Justice Clinic of New York University School of Law, and Linda S. Vanden Heuvel, Alicia Beltran’s lawyer. This threat to pregnant women has been on the rise as more women are thrown behind bars.

The lawsuit is the first to challenge these laws that are threatening women for being less than the fetus they carry, especially when they are women of color and/or poor, in brief socially vulnerable.

Last year, a bill was introduced in committee in the Maryland legislature. If passed, the bill would have put into law a ban on shackling pregnant inmates. Surprisingly, or not, the bill was defeated.

These practices of shackling pregnant women serve two purposes. They render women as less than human and they “de-womanize” society. Last year, Maryland repealed the death penalty. It is time for Maryland, and all states, to show real commitment to women’s rights and women’s equality.

Hopefully, Alicia Beltran’s case will set a precedent. Whatever comes out of the suit, we should not forget that feticide laws were presented to protect pregnant women. In reality, by creating the fetus as a full person separated from the woman’s body, feticide laws have one purpose:  to reduce, and ultimately eliminate, Roe v Wade and its guarantees of women’s right to decide for themselves. External control of a woman’s body is an assault on the dream and the possibilities of a society with more equality, better distribution of wealth, and richer harmony. We need to support all and any efforts to “de-shackle” women.

 

(Photo Credit: Feministing / The New York Times)