The two major political parties have teamed up to block bills calling for a ban on the shackling of women during childbirth and children being strip-searched.
Last week, a Senate inquiry recommended rejecting a bill introduced by independent Senator Lidia Thorpe that would ban the shackling of people during labour and childbirth.
The Government argues that responsibility for the criminal justice system rests predominantly with state and territory governments, while the Coalition says it "understands the intent" of the bill but will not support it.
With both Labor and the Coalition opposing the bill, it will not proceed to a vote in the Senate.
The independent Senator slammed the decision, arguing the two parties' "shameful choice will mean that more women, children and babies will be harmed".
"This is on them," she said.
"I am sick of this government handballing every difficult issue to the states and territories. The Commonwealth has clear constitutional powers to establish national minimum standards to protect children and people in custody. We heard that clearly through the inquiries into my bills.
"So when the [Prime Minister Anthony] Albanese government calls this a state and territory issue, people need to realise that is a political choice, not a legal barrier."
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Senator Thorpe received support from the Greens and Liberal Senator Paul Scarr, who told the Senate he was "deeply concerned" about the practice, having only recently learned that it occurred across the country.
He noted Australia and all UN General Assembly members unanimously adopted the Bangkok Rules in 2010, which state that shackling pregnant women during hospital transfers, gynaecological examinations and childbirth breaches international standards.
"What I've heard deeply concerns me and I do hope, that this vote shouldn't be an end to this matter," Senator Scarr said. "We've got to do better than this and we've got to look at ways this issue can be addressed."
Greens leader David Shoebridge called the practice disgraceful, telling reporters: "The Labor party and the Coalition come in here and say it's a matter for states and territories — if they want to shackle women to a bed while they're giving birth, we'll just let them do that."
While some jurisdictions have policies and guidelines restricting or prohibiting shackling, Senator Thorpe previously noted that "these guidelines often create exemptions which lead to the person in question being shackled anyway".
The Senate inquiry recommended that the Commonwealth "consider appropriate pathways to engage with States and Territories, to address the issues raised by the bill", as well as recommending that the federal government work with the Australian Institute of Health and Welfare and the states and territories to collect data on how many women are pregnant and give birth while in custody in Australia each year.
Senator Thorpe questioned the lack of leadership, asking, "Where is the courage to stand up and protect people who are being harmed?" and claiming the PM is "all excuses and no conviction".
"If there is an escape route, this government will take it rather than step up and act like a government that is prepared to lead. It's this attitude that is seeing their support across the country completely collapse," the Gunnai, Gunditjmara and Djab Wurrung woman said.
"For a government that claims to care about children and oppose violence against women, allowing this treatment to continue is deeply hypocritical. They have the power to act, but they have chosen instead to ensure that this abuse continues."
