Law Matters

2021 ◽  
pp. 31-61
Author(s):  
Louise Marie Roth

This chapter explores theories about how laws and organizations influence each other. First, the chapter explores the purpose of tort laws and the goals of the tort reform movement and uses them to define provider-friendly and patient-friendly tort regimes. An analysis of the effects of tort laws on obstetric malpractice lawsuits illustrates that, contrary to expectations, the rate of lawsuits is higher in states where tort reforms have reduced healthcare providers’ liability risk. The chapter then uses reproductive justice theory to examine reproductive health laws that govern contraception, abortion, midwifery, prenatal substance use, and fetal rights. These laws define fetus-centered and woman-centered reproductive rights regimes.

Author(s):  
Mary Ziegler

This article illuminates potential obstacles facing the reproductive justice movement and the way those obstacles might be overcome. Since 2010, reproductive justice—an agenda that fuses access to reproductive health services and demands for social justice—has energized feminist scholars and activists and captured broader public attention. Abortion rights advocates in the past dismissed reproductive justice claims as risky and unlikely to appeal to a broad enough audience. These obstacles are not as daunting as they first appear. Reframing the abortion right as a matter of women’s equality may eliminate some of the constitutional hurdles facing a reproductive justice approach. The political obstacles may be just as surmountable. Understanding the history of the constitutional discourse concerning reproductive justice and reproductive rights may allow us to move beyond the impasse that has defined the relationship between the two for too long.


Author(s):  
Rickie Solinger

The reproductive experiences of women and girls in the 20th-century United States followed historical patterns shaped by the politics of race and class. Laws and policies governing reproduction generally regarded white women as legitimate reproducers and potentially fit mothers and defined women of color as unfit for reproduction and motherhood; regulations provided for rewards and punishments accordingly. In addition, public policy and public rhetoric defined “population control” as the solution to a variety of social and political problems in the United States, including poverty, immigration, the “quality” of the population, environmental degradation, and “overpopulation.” Throughout the century, nonetheless, women, communities of color, and impoverished persons challenged official efforts, at times reducing or even eliminating barriers to reproductive freedom and community survival. Between 1900 and 1930, decades marked by increasing urbanization, industrialization, and immigration, eugenic fears of “race suicide” (concerns that white women were not having enough babies) fueled a reproductive control regime that pressured middle-class white women to reproduce robustly. At the same time, the state enacted anti-immigrant laws, undermined the integrity of Native families, and protected various forms of racial segregation and white supremacy, all of which attacked the reproductive dignity of millions of women. Also in these decades, many African American women escaped the brutal and sexually predatory Jim Crow culture of the South, and middle-class white women gained greater sexual freedom and access to reproductive health care, including contraceptive services. During the Great Depression, the government devised the Aid to Dependent Children program to provide destitute “worthy” white mothers with government aid while often denying such supports to women of color forced to subordinate their motherhood to agricultural and domestic labor. Following World War II, as the Civil Rights movement gathered form, focus, and adherents, and as African American and other women of color claimed their rights to motherhood and social provision, white policymakers railed against “welfare queens” and defined motherhood as a class privilege, suitable only for those who could afford to give their children “advantages.” The state, invoking the “population bomb,” fought to reduce the birth rates of poor women and women of color through sterilization and mandatory contraception, among other strategies. Between 1960 and 1980, white feminists employed the consumerist language of “choice” as part of the campaign for legalized abortion, even as Native, black, Latina, immigrant, and poor women struggled to secure the right to give birth to and raise their children with dignity and safety. The last decades of the 20th century saw severe cuts in social programs designed to aid low-income mothers and their children, cuts to funding for public education and housing, court decisions that dramatically reduced poor women’s access to reproductive health care including abortion, and the emergence of a powerful, often violent, anti-abortion movement. In response, in 1994 a group of women of color activists articulated the theory of reproductive justice, splicing together “social justice” and “reproductive rights.” The resulting Reproductive Justice movement, which would become increasingly influential in the 21st century, defined reproductive health, rights, and justice as human rights due to all persons and articulated what each individual requires to achieve these rights: the right not to have children, the right to have children, and the right to the social, economic, and environmental conditions necessary to raise children in healthy, peaceful, and sustainable households and communities.


2021 ◽  
pp. 114-149
Author(s):  
Louise Marie Roth

This chapter explores the use of electronic fetal monitoring (EFM) as a prime example of technology fetishism. EFM is not evidence based, but most maternity care providers routinely use it. Obstetricians say that they use EFM to defend themselves against liability, and malpractice attorneys often fetishize the paper strips that the EFM produces as “evidence.” At the same time, an analysis demonstrates that EFM is more common in tort reform states that limit providers’ liability risk, which contradicts the idea that providers use it to reduce legal risk. The chapter then explores institutional motivations for EFM use, including scheduling, workload, and profit benefits. These institutional priorities can undermine patients’ rights, quality of care, and informed consent, which are issues of reproductive justice. This chapter then explores the effects of reproductive rights laws on EFM, finding that more fetus-centered laws encourage more EFM, while EFM is less common in states that protect women’s reproductive rights.


2014 ◽  
Author(s):  
L. C. van Boekel ◽  
E. P. M. Brouwers ◽  
J. van Weeghel ◽  
H. F. L. Garretsen

2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.


Author(s):  
Esita Patel ◽  
Sachini Bandara ◽  
Brendan Saloner ◽  
Elizabeth A. Stuart ◽  
Daisy Goodman ◽  
...  

Author(s):  
Ingrid Lynch ◽  
Finn Reygan

Both significant progress and profound backlash have occurred in the inclusion of sexual and gender diversity across eastern and southern Africa. This includes the decriminalization of homosexuality in Mozambique in 2015 and the introduction of the Anti-Homosexuality Act (later annulled) in Uganda in the preceding year. Simultaneously there is increased pressure on Ministries of Education to engage more robustly with sexual and reproductive health and rights (SRHR) education in education systems across the region. Emerging regional research points to a narrow, heteronormative focus in comprehensive sexuality education; access barriers to sexual and reproductive health services; and pervasive school-related gender-based violence, including homophobic and transphobic violence. Civil society organizations (CSOs) play a key role in developing best practice in advancing the SRHR of sexual and gender minority youth and are therefore a valuable resource for government SRHR policies and programmatic responses. The regional SRHR education policy landscape is underpinned by two policy narratives: that of young people’s SRHR as a public health concern and a focus on young people’s human rights. These policy narratives not only underpin SRHR policy in the region but also in many instances are drawn on in CSO advocacy when positioning the SRHR of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) young people as an important policy concern. These two dominant policy narratives, however, have a narrow focus on young people’s risks and vulnerabilities, may inadvertently perpetuate stigma and marginalization of LGBTQI youth, and may limit youth voice and agency. These narratives also do not sufficiently engage local sociocultural and structural conditions that drive negative SRHR outcomes for young people in the region. Research, advocacy, and policy development toward the full realization of the SRHR of sexual and gender minority youth can address some of the limitations of health and rights-based policy narratives by drawing on a sexual and reproductive justice framework. Such a framework expands the policy focus on health risks and individual rights to include engagement with sociocultural and structural constraints on young people’s ability to exercise their rights. A sexual and reproductive justice framework provides a more robust toolkit when working toward full inclusion of sexual and gender diversity in regional school-based SRHR policy and programs.


Author(s):  
Elizabeth Kravitz ◽  
Michelle Suh ◽  
Matthew Russell ◽  
Andres Ojeda ◽  
Judy Levison ◽  
...  

Objective: Improve racial equity with routine universal drug screening / Study Design: Commentary on the medicolegal and social history of the United States and the field of obstetrics and gynecology regarding drug screening policy / Results: Critical aspects to inform an equitable drug screening policy include (1) racial bias and stigma related to substance use, (2) the legislative history surrounding substance use during pregnancy, (3) the relationship between substance use and mass incarceration which disproportionately affects persons of color, (4) propensity toward punitive measures for Black mothers with substance use, including termination of parental rights, (5) the role of the medical field in fostering mistrust among our patients / Conclusion: new practices in screening for substance use during pregnancy are needed. Key Points


2021 ◽  
Vol 3 (2) ◽  
pp. 28-45
Author(s):  
Young B. Choi ◽  
Christopher E. Williams

Data breaches have a profound effect on businesses associated with industries like the US healthcare system. This task extends more pressure on healthcare providers as they continue to gain unprecedented access to patient data, as the US healthcare system integrates further into the digital realm. Pressure has also led to the creation of the Health Insurance Portability and Accountability Act, Omnibus Rule, and Health Information Technology for Economic and Clinical Health laws. The Defense Information Systems Agency also develops and maintains security technical implementation guides that are consistent with DoD cybersecurity policies, standards, architectures, security controls, and validation procedures. The objective is to design a network (physician's office) in order to meet the complexity standards and unpredictable measures posed by attackers. Additionally, the network must adhere to HIPAA security and privacy requirements required by law. Successful implantation of network design will articulate comprehension requirements of information assurance security and control.


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