Law, Policy and Reproductive Autonomy

Law, Policy and Reproductive Autonomy PDF

Author: Erin Nelson

Publisher: A&C Black

Published: 2014-07-18

Total Pages: 676

ISBN-13: 1782251561

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Reproductive choices are at once the most private and intimate decisions we make in our lives and undeniably also among the most public. Reproductive decision making takes place in a web of overlapping concerns - political and ideological, socio-economic, health and health care - all of which engage the public and involve strongly held opinions and attitudes about appropriate conduct on the part of individuals and the state. Law, Policy and Reproductive Autonomy examines the idea of reproductive autonomy, noting that in attempting to look closely at the contours of the concept, we begin to see some uncertainty about its meaning and legal implications - about how to understand reproductive autonomy and how to value it. Both mainstream and feminist literature about autonomy contribute valuable insights into the meaning and implications of reproductive autonomy. The developing feminist literature on relational autonomy provides a useful starting point for a contextualised conception of reproductive autonomy that creates the opportunity for meaningful exercise of reproductive choice. With a contextualised approach to reproductive autonomy as a backdrop, the book traces aspects of the regulation of reproduction in Canadian, English, US and Australian law and policy, arguing that not all reproductive decisions necessarily demand the same level of deference in law and policy, and making recommendations for reform.

Regulating Reproduction

Regulating Reproduction PDF

Author: Emily Jackson

Publisher: Bloomsbury Publishing

Published: 2001-10-10

Total Pages: 392

ISBN-13: 1847311458

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This new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women's bodies and the law, or with the profound regulatory consequences of new technologies.

Governed Through Choice

Governed Through Choice PDF

Author: Jennifer M. Denbow

Publisher: NYU Press

Published: 2015-08-07

Total Pages: 239

ISBN-13: 1479828831

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"At the center of the 'war on women' lies the fact that women in the contemporary United States are facing increased surveillance of their reproductive health. In recent years states have passed a record number of laws restricting abortion and reproductive rights. Physicians continue to sterilize some women against their will, especially those in prison; in other cases, women seeking medical interventions to prevent pregnancies encounter resistance from the medical community. While these trends seem to undermine women's decision-making authority, experts and state actors often defend such policies and actions as actually promoting women's autonomy. In Governed through Choice, Jennifer M. Denbow analyzes recent reproductive measures, such as 'informed consent' to abortion laws and the regulation of sterilization, in order to expose how the notion of autonomy allows for such a striking contradiction in how reproductive policies affect women. Yet, Denbow also offers an understanding of autonomy as critique and transformation of oppressive norms. Denbow shows how developments in reproductive technology, which would seem to increase women's options and autonomy, provide increased opportunities for state management of women's bodies. However, she also argues that reproductive technologies can disrupt oppressive norms about reproduction and gender and ultimately enable social transformation. A critically important analysis, Governed through Choice is a trailblazing look at how the law regulates women's bodies as reproductive sites and what can be done about it"--Unedited summary from paperback book cover.

No Real Choice

No Real Choice PDF

Author: Katrina Kimport

Publisher: Families in Focus

Published: 2021-10-15

Total Pages: 226

ISBN-13: 9781978817920

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No real choice -- Policies, poverty, and the organization of abortion care -- Privileging the fetus -- Choosing irresponsibility and harm -- Fearing the experience of abortion -- Choosing a baby -- Toward reproductive autonomy.

Regulating Autonomy

Regulating Autonomy PDF

Author: Shelley Day Sclater

Publisher: Bloomsbury Publishing

Published: 2009-03-04

Total Pages: 282

ISBN-13: 1847314996

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These essays explore the nature and limits of individual autonomy in law, policy and the work of regulatory agencies. Authors ask searching questions about the nature and scope of the regulation of 'private' lives, from intimacies, personal relationships and domestic lives to reproduction. They question the extent to which the law does, or should, protect individual autonomy. Recent rapid advances in the development of new technologies - particularly those concerned with human genetics and assisted reproduction - have generated new questions (practical, social, legal and ethical) about how far the state should intervene in individual decision making. Is there an inevitable tension between individual liberty and the common good? How might a workable balance between the public and the private be struck? How, indeed, should we think about 'autonomy'? The essays explore the arguments used to create and maintain the boundaries of autonomy - for example, the protection of the vulnerable, public goods of various kinds, and the maintenance of tradition and respect for cultural practices. Contributors address how those boundaries should be drawn and interventions justified. How are contemporary ethical debates about autonomy constructed, and what principles do they embody? What happens when those principles become manifest in law?

No Real Choice

No Real Choice PDF

Author: Katrina Kimport

Publisher:

Published: 2022

Total Pages: 0

ISBN-13: 9781978817944

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In the United States, the "right to choose" an abortion is the law of the land. But what if a woman continues her pregnancy because she didn't really have a choice? What if state laws, federal policies, stigma, and a host of other obstacles push that choice out of her reach? Based on candid, in-depth interviews with women who considered but did not obtain an abortion, No Real Choice punctures the myth that American women have full autonomy over their reproductive choices. Focusing on the experiences of a predominantly Black and low-income group of women, sociologist Katrina Kimport finds that structural, cultural, and experiential factors can make choosing abortion impossible--especially for those who experience racism and class discrimination. From these conversations, we see the obstacles to "choice" these women face, such as bans on public insurance coverage of abortion and rampant antiabortion claims that abortion is harmful. Kimport's interviews reveal that even as activists fight to preserve Roe v. Wade, class and racial disparities have already curtailed many women's freedom of choice. No Real Choice analyzes both the structural obstacles to abortion and the cultural ideologies that try to persuade women not to choose abortion. Told with care and sensitivity, No Real Choice gives voice to women whose experiences are often overlooked in debates on abortion, illustrating how real reproductive choice is denied, for whom, and at what cost.

Reproductive Laws for the 1990s

Reproductive Laws for the 1990s PDF

Author: Sherrill Cohen

Publisher: Springer Science & Business Media

Published: 2013-12-01

Total Pages: 458

ISBN-13: 1461237106

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The Project on Reproductive Laws for the 1990s began in 1985 with the realization that reports of scientific developments and new technologies were stimulating debates and discussions among bioethicists and policymakers, and that women had little part in those discussions either as participants or as a group with interests to be considered. With the help of a planning grant from the Rutgers University Institute for Research on Women, the Women's Rights Litigation Clinic at Rutgers University Law School-Newark held a planning meeting that June attended by approximately 20 theorists and activists in the area of reproductive rights. Project purposes, methods, and general shape took form at the meeting. Two goals have characterized the Project's work since then: first, to generate discussion, debate, and, where possible, consensus among those committed to reproductive autonomy and gender equality as to how best to respond to the questions raised by re ported advances in reproductive and neonatal technology and new modes of reproduction; and second, to ensure that those shaping reproductive law and policy appreciate the ramifications of these developments for gender equality. In meeting this twofold agenda, the Project focused on six areas: time limits on abortion; prenatal screening; fetus as patient; reproductive hazards in the workplace; interference with reproductive choice; and alternative modes of reproduction. The Project identified individuals to take respon sibility for drafting model legislation and position papers in the six areas (for the drafters, see the Appendix).

Regulating Creation

Regulating Creation PDF

Author: Trudo Lemmens

Publisher: University of Toronto Press

Published: 2017-01-01

Total Pages: 561

ISBN-13: 1442614579

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Regulating Creation is a collection of essays featuring contributions by Canadian and international scholars. It offers a variety of perspectives on the role of law in dealing with the legal, ethical, and policy issues surrounding changing reproductive technologies.

Repealing the 8th

Repealing the 8th PDF

Author: de Londras, Fiona

Publisher: Policy Press

Published: 2018-02

Total Pages: 152

ISBN-13: 144734751X

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Available Open Access under CC-BY licence. Irish law currently permits abortion only where the life of the pregnant woman is at risk. Since 1983, the 8th Amendment to the Constitution has recognised the “unborn” as having a right to life equal to that of the “mother”. Consequently, most people in Ireland who wish to bring their pregnancies to an end either import the abortion pill illegally, travel abroad to access abortion, or continue with the pregnancy against their will. Now, however, there are signs of change. A constitutional referendum will be held in 2018, after which it will be possible to reimagine, redesign, and reform the law on abortion. Written by experts in the field, this book draws on experience from other countries, as well as experiences of maternal medical care in Ireland, to call for a feminist, woman-centered, and rights-based radical new approach to abortion law in Ireland. Directly challenging grounds-based abortion law, this accessible guide brings together feminist analysis, comparative research, human rights law, and political awareness to propose a new constitutional and legislative settlement on reproductive autonomy in Ireland. It offers practical proposals for policymakers and advocates, including model legislation, making it an essential campaigning tool leading up to the referendum.