The Australian Senate has blocked legislation intended to prevent incarcerated women from being shackled during childbirth and to prohibit the strip-searching of children, following opposition from the Labor government and the Coalition.

The proposed legislation was introduced by independent senator Lidia Thorpe. It sought to strengthen protections for people in custody and address practices that human-rights advocates say can cause serious physical and psychological harm. One of the bill's central objectives was to prohibit the use of restraints on incarcerated women while they are giving birth. The proposal also sought to prevent children from being subjected to strip-searches by authorities.

Thorpe argued that the measures were necessary to protect the dignity and safety of vulnerable people within Australia's justice system. She urged senators to support changes that would bring Australian practices into closer alignment with international human-rights standards.

The United Nations Bangkok Rules, which set standards for the treatment of women prisoners and non-custodial measures for women offenders, include protections against restraints during labour, childbirth and immediately after birth, except in exceptional circumstances specified by the rules.

Opponents of the legislation raised questions about the appropriate division of responsibility between the federal government and state and territory authorities. The federal government argued that the administration of criminal justice primarily falls within state and territory jurisdiction. The Coalition also declined to support the bill, despite expressing an understanding of its objectives.

The decision drew criticism from supporters of the proposed protections, who argued that national legislation could establish stronger and more consistent safeguards. Advocacy organisations, including the National Justice Project and Flat Out, have raised concerns about the treatment of incarcerated women and children, with particular attention to the experiences of Aboriginal and Torres Strait Islander people in custody.

The issue is significant because Australia's prison systems operate across different jurisdictions, each with its own laws, procedures and oversight arrangements. This can create differences in how custodial practices are regulated and implemented. Restraints during childbirth raise particular concerns because labour and delivery require medical attention, mobility and the ability to respond to changing health circumstances. Human-rights advocates argue that restraints can undermine a patient's dignity and potentially interfere with safe medical care.

Strip-searching children is another highly sensitive issue, with critics questioning whether existing safeguards adequately protect children from unnecessary or traumatic searches. Supporters of the bill say stronger legal restrictions would help prevent harmful practices and improve accountability.

However, the defeat of the legislation does not mean every state or territory permits these practices without restrictions. Existing laws, prison procedures and national guidelines may already limit their use. The precise rules depend on the jurisdiction and circumstances.

The Senate's decision leaves the proposed national prohibitions without approval through this bill. Thorpe has indicated that she intends to continue pursuing the issue.

The debate is likely to keep attention focused on custodial standards, the treatment of vulnerable people and the responsibilities of governments to protect people whose liberty has been restricted.

The central development is that the Senate has rejected the proposed legislation at this stage. Further reforms would require additional parliamentary action or changes to relevant state and territory laws.