Women S Birthing Bodies And The Law

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Women’s Birthing Bodies and the Law

Author : Camilla Pickles,Jonathan Herring
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 44,7 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509937585

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Women’s Birthing Bodies and the Law by Camilla Pickles,Jonathan Herring Pdf

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.

Women's Birthing Bodies and the Law

Author : Camilla Pickles,Jonathan Herring
Publisher : Unknown
Page : 218 pages
File Size : 45,9 Mb
Release : 2020
Category : Childbirth
ISBN : 1509937609

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Women's Birthing Bodies and the Law by Camilla Pickles,Jonathan Herring Pdf

Introduction / Camilla Pickles and Jonathan Herring -- Non-consented vaginal examinations : the birthrights and AIMS perspective / Rebecca Brione -- Silence, acquiescence or consent : interpreting women's responses to intimate examinations / Elsa Montgomery -- Female genital examination and autonomy in medicine / Neda Taghinejadi and Brenda Kelly -- When a uterus enters the room, reason goes out the window / Stella Villarmea -- Human rights and gender stereotypes in childbirth / Christina Zampas -- How should the performance of periparturient vaginal examinations be regulated? / Charles Foster -- Including the victim's perspective : can vaginal examinations ever be sexual assaults? / Catarina Sjölin -- When 'battery' is not enough : exposing the gaps in unauthorised vaginal examinations during labour as a crime of battery / Camilla Pickles -- Implied consent and vaginal examination in pregnancy / Jonathan Herring -- Troubling consent : pain and pressure in labour and childbirth / Claire Murray -- Redressing unauthorised vaginal examinations through litigation / Andrea Mulligan.

Women’s Birthing Bodies and the Law

Author : Camilla Pickles,Jonathan Herring
Publisher : Bloomsbury Publishing
Page : 238 pages
File Size : 47,9 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509937592

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Women’s Birthing Bodies and the Law by Camilla Pickles,Jonathan Herring Pdf

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.

The Female Body and the Law

Author : Zillah R. Eisenstein
Publisher : University of California Press
Page : 248 pages
File Size : 47,8 Mb
Release : 2018-04-20
Category : Social Science
ISBN : 9780520301320

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The Female Body and the Law by Zillah R. Eisenstein Pdf

The Female Body and the Law provides an original and incisive reexamination of the dynamics of sexual equality. Eisenstein contends that sexual inequality is fostered both by the law and by the insistence that men and women are biologically different. Through a fascinating discussion of a series of issues including affirmative action, AIDS, Baby M, pornography, and abortion, Eisenstein shows how the law operates as a political language that establishes and curtails choices and actions. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990.

Birthing a Movement

Author : Renée Ann Cramer
Publisher : Stanford University Press
Page : 342 pages
File Size : 45,6 Mb
Release : 2021-02-16
Category : Law
ISBN : 9781503614505

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Birthing a Movement by Renée Ann Cramer Pdf

Rich, personal stories shed light on midwives at the frontier of women's reproductive rights. Midwives in the United States live and work in a complex regulatory environment that is a direct result of state and medical intervention into women's reproductive capacity. In Birthing a Movement, Renée Ann Cramer draws on over a decade of ethnographic and archival research to examine the interactions of law, politics, and activism surrounding midwifery care. Framed by gripping narratives from midwives across the country, she parses out the often-paradoxical priorities with which they must engage—seeking formal professionalization, advocating for reproductive justice, and resisting state-centered approaches. Currently, professional midwives are legal and regulated in their practice in 32 states and illegal in eight, where their practice could bring felony convictions and penalties that include imprisonment. In the remaining ten states, Certified Professional Midwives (CPMs) are unregulated, but nominally legal. By studying states where CPMs have differing legal statuses, Cramer makes the case that midwives and their clients engage in various forms of mobilization—at times simultaneous, and at times inconsistent—to facilitate access to care, autonomy in childbirth, and the articulation of women's authority in reproduction. This book brings together literatures not frequently in conversation with one another, on regulation, mobilization, health policy, and gender, offering a multifaceted view of the experiences and politics of American midwifery, and promising rich insights to a wide array of scholars, activists, healthcare professionals alike.

Childbirth, Vulnerability and Law

Author : Camilla Pickles,Jonathan Herring
Publisher : Routledge
Page : 299 pages
File Size : 43,6 Mb
Release : 2019-08-23
Category : Health & Fitness
ISBN : 9780429812903

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Childbirth, Vulnerability and Law by Camilla Pickles,Jonathan Herring Pdf

This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability, and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors. The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.

The Criminalization of a Woman's Body

Author : Clarice Feinman
Publisher : Routledge
Page : 240 pages
File Size : 45,5 Mb
Release : 2018-10-24
Category : Law
ISBN : 9781317992004

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The Criminalization of a Woman's Body by Clarice Feinman Pdf

This groundbreaking book addresses the ominous trend of introducing and passing laws and court decisions regulating the actions of women and the control of their bodies. One of the few books published on the criminalization of women’s bodies, this timely book takes a serious look at the effect these laws would have on women and the threat to their autonomy, privacy, and control; their bodily integrity; control over reproductive capacities; and their constitutional rights. From ancient literature to the literature and law of contemporary society, a woman’s value has often rested on her fulfilling expected roles as wife and mother. The lack of respect for women inherent in this predominantly male-oriented line of thinking is reinforced in this new trend of legislation and court decisions attempting to regulate women’s behavior and reproductive capacity. The Criminalization of a Woman’s Body thoroughly discusses these special laws governing women’s personal choices and the threats these laws and court decisions pose to women’s autonomy and constitutional rights. Scholars from Israel, Italy, and the United States provide a multidimensional discussion of the problem facing women in many, if not all, countries. Contributors represent various disciplines including, law, philosophy, medicine, political science, sociology, women’s studies, and criminal justice. Articles analyze sensitive issues surrounding abortion and its impending criminalization in several countries; controversial topics on contract motherhood; the power of administrative agencies to control and informally criminalize pregnant women and new mothers; policies meant to protect the fetus from pregnant women who deviate from medically, socially, and legally sanctioned behavior which may deter women from seeking any medical care; and the destruction of families due to the criminalization of pregnant women and new mothers and the consequent removal of their children and placement into foster care. Professors, students, librarians, agency workers dealing with women’s issues, and women and men in the general public will find this important book a helpful tool in sorting through the complex issues on criminalizing women’s bodies.

Woman's Body, Woman's Right

Author : Linda Gordon
Publisher : Unknown
Page : 596 pages
File Size : 41,5 Mb
Release : 1990
Category : Law
ISBN : STANFORD:36105008593829

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Woman's Body, Woman's Right by Linda Gordon Pdf

The politics of reproduction : The prohibition on birth control -- The folklore of birth control -- The criminals -- Prudent sex: neo-Malthusianism and perfectionism. Toward women's power : Voluntary motherhood: the beginnings of the birth-control movement -- Social purity and eugenics -- Race suicide -- Continence or indulgence: the doctors and the "sexual revolution" -- Birth control and social revolution. From women's rights to family planning : The professionalization of birth control -- The Depression -- Planned parenthood -- A note on population control -- Reproductive rights in the 1970s: birth control in the era of the Women's Liberation Movement -- Birth control in the era of conservatism and runaway technology: the 1980s -- Sexuality, feminism, and birth control today

Rights, Duties and the Body

Author : Rosamund Scott
Publisher : Hart Publishing
Page : 475 pages
File Size : 55,8 Mb
Release : 2002-08-05
Category : Health & Fitness
ISBN : 9781841131344

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Rights, Duties and the Body by Rosamund Scott Pdf

This book addresses the law and ethics concerning a pregnant woman's refusal of medical treatment needed by the fetus she carries. In England and some U.S. states a pregnant woman can now refuse such treatment. Nevertheless, courts have acknowledged the residual ethical dilemmas, sometimes adverting to the inappropriateness here of legal compulsion of presumed moral duties. This leaves the impression of an uncomfortable split between the ethics and the law. This study seeks to explain and justify a pregnant woman's legal right to refuse medical treatment and thus resolve, so far as possible, the surrounding ethical, legal and social tensions. The idea of day-to-day maternal conduct which may cause prenatal harm is also touched upon. Innovatively, the author adopts a joint philosophical and legal approach directed to issues both of principle and policy, revealing strong conceptual links between the ethics and the law. In addition to an ethical exploration of the maternal-fetal relationship the author explores the relevant English, American and some Canadian arguments from the law of treatment refusal, abortion, tort and rescue.

Bodies that Birth

Author : Rachelle Chadwick
Publisher : Routledge
Page : 226 pages
File Size : 41,7 Mb
Release : 2018-04-09
Category : Psychology
ISBN : 9781317302438

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Bodies that Birth by Rachelle Chadwick Pdf

Bodies that Birth puts birthing bodies at the centre of questions about contemporary birth politics, power, and agency. Arguing that the fleshy and embodied aspects of birth have been largely silenced in social science scholarship, Rachelle Chadwick uses an array of birth stories, from diverse race-class demographics, to explore the narrative entanglements between flesh, power, and sociomateriality in relation to birth. Adopting a unique theoretical framework incorporating new materialism, feminist theory, and a Foucauldian ‘analytics of power’, the book aims to trace and trouble taken-for-granted assumptions about birthing bodies. Through a diffractive and dialogical approach, the analysis highlights the interplay between corporeality, power, and ideologies in the making of birth narratives across a range of intersectional differences. The book shows that there is no singular birthing body apart from sociomaterial relations of power. Instead, birthing bodies are uncertain zones or unpredictable assortments of physiology, flesh, sociomateriality, discourse, and affective flows. At the same time, birthing bodies are located within intra-acting fields of power relations, including biomedicine, racialized patriarchy, socioeconomics, and geopolitics. Bodies that Birth brings the voices of women from different sociomaterial positions into conversation. Ultimately, the book explores how attending to birthing bodies can vitalize global birth politics by listening to what matters to women in relation to birth. This is fascinating reading for researchers, academics, and students from across the social sciences.

Your Body Your Baby

Author : Terry Libesman,Vani Sripathy
Publisher : Unknown
Page : 246 pages
File Size : 44,9 Mb
Release : 1996
Category : Abortion
ISBN : 0947205314

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Your Body Your Baby by Terry Libesman,Vani Sripathy Pdf

This guide to legal issues associated with child-bearing discusses topics such as abortion, surrogacy, adoption, contraception, paternal responsibilities, health product safety, taking legal action and parental leave entitlements. Includes a list of useful organisations and an index.

Birth Settings in America

Author : National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Division of Behavioral and Social Sciences and Education,Board on Children, Youth, and Families,Committee on Assessing Health Outcomes by Birth Settings
Publisher : National Academies Press
Page : 369 pages
File Size : 44,5 Mb
Release : 2020-05-01
Category : Social Science
ISBN : 9780309669825

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Birth Settings in America by National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Division of Behavioral and Social Sciences and Education,Board on Children, Youth, and Families,Committee on Assessing Health Outcomes by Birth Settings Pdf

The delivery of high quality and equitable care for both mothers and newborns is complex and requires efforts across many sectors. The United States spends more on childbirth than any other country in the world, yet outcomes are worse than other high-resource countries, and even worse for Black and Native American women. There are a variety of factors that influence childbirth, including social determinants such as income, educational levels, access to care, financing, transportation, structural racism and geographic variability in birth settings. It is important to reevaluate the United States' approach to maternal and newborn care through the lens of these factors across multiple disciplines. Birth Settings in America: Outcomes, Quality, Access, and Choice reviews and evaluates maternal and newborn care in the United States, the epidemiology of social and clinical risks in pregnancy and childbirth, birth settings research, and access to and choice of birth settings.

Birth Work as Care Work

Author : Alana Apfel
Publisher : PM Press
Page : 149 pages
File Size : 53,7 Mb
Release : 2016-05-01
Category : Health & Fitness
ISBN : 9781629632612

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Birth Work as Care Work by Alana Apfel Pdf

Birth Work as Care Work presents a vibrant collection of stories and insights from the front lines of birth activist communities. The personal has once more become political, and birth workers, supporters, and doulas now find themselves at the fore of collective struggles for freedom and dignity. The author, herself a scholar and birth justice organizer, provides a unique platform to explore the political dynamics of birth work, drawing connections between birth, reproductive labor, and the struggles of caregiving communities today. Articulating a politics of care work in and through the reproductive process, the book brings diverse voices into conversation to explore multiple possibilities and avenues for change. At a moment when agency over our childbirth experiences is increasingly centralized in the hands of professional elites, Birth Work as Care Work presents creative new ways to reimagine the trajectory of our reproductive processes. Most importantly, the contributors present new ways of thinking about the entire life cycle, providing a unique and creative entry point into the essence of all human struggle—the struggle over the reproduction of life itself.

Birth Rites and Rights

Author : Anonim
Publisher : Unknown
Page : 289 pages
File Size : 47,8 Mb
Release : 2011
Category : Childbirth
ISBN : 1472565614

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Birth Rites and Rights by Anonim Pdf

"This multi-disciplinary collection of essays from the Cambridge Socio-Legal Group is concerned with the varying circumstances, manner, timing and experiences of birth. It contains essays from a wide range of disciplines including law, medicine, anthropology, history and sociology, examining birth from the perspectives of mother, doctor, midwife and father. Questions considered in the book include: who has power during the birthing process? How has the experience of birth changed over time? Should birth mark a significant change in the legal status of the foetus? What is the proper role of birth registration? What role, if any, do fathers have in the birthing process? What legal rights should the woman have to refuse treatment during the birthing process? What is the significance of changes of the age at which women give birth? This stimulating collection of papers provides new insights into one of life's most momentous moments"--Provided by publisher.

Woman's Body, Woman's Right

Author : Linda Gordon
Publisher : New York : Grossman
Page : 514 pages
File Size : 41,9 Mb
Release : 1976
Category : Social Science
ISBN : STANFORD:36105005289736

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Woman's Body, Woman's Right by Linda Gordon Pdf

By 1850, most contraceptive methods and abortion were illegal in America. But in the late 19th century, American women began demanding the right to prevent or terminate pregnancy. Gordon traces the story of this controversy, and includes new material on recent movements to outlaw abortion.