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Women’s Birthing Bodies and the Law

Author: Camilla Pickles

Publisher: Bloomsbury Publishing

Published: 2020-11-26

Total Pages: 208

ISBN-13: 1509937587

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

Publisher:

Published: 2020

Total Pages: 218

ISBN-13: 9781509937608

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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

Publisher: Bloomsbury Publishing

Published: 2020-11-26

Total Pages: 238

ISBN-13: 1509937595

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Childbirth, Vulnerability and Law

Author: Camilla Pickles

Publisher: Routledge

Published: 2019-08-23

Total Pages: 299

ISBN-13: 0429812906

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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.

Bodies that Birth

Author: Rachelle Chadwick

Publisher: Routledge

Published: 2018-04-09

Total Pages: 226

ISBN-13: 1317302435

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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.

Woman's Body, Woman's Right

Author: Linda Gordon

Publisher:

Published: 1990

Total Pages: 596

ISBN-13:

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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

Birth Work as Care Work

Author: Alana Apfel

Publisher: PM Press

Published: 2016-05-01

Total Pages: 149

ISBN-13: 1629632619

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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.

Blessed Events

Author: Pamela E. Klassen

Publisher: Princeton University Press

Published: 2001-10-07

Total Pages: 338

ISBN-13: 9780691087986

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Blessed Events explores how women who give birth at home use religion to make sense of their births and in turn draw on their birthing experiences to bring meaning to their lives and families. Pamela Klassen introduces a surprisingly diverse group of women, in their own words, while also setting their birth stories within wider social, political, and economic contexts. In doing so, she emerges with a study that disrupts conventional views of both childbirth and religion by blurring assumed divisions between conservative and feminist women and by taking childbirth seriously as a religious act. Most American women who have a choice give birth in a hospital and request pain medication. Yet enough women choose and advocate unmedicated home birth--and do so for carefully articulated reasons, social resistance among them--to constitute a movement. Klassen investigates why women whose religious affiliations range from Old Order Amish to Reform Judaism to goddess-centered spirituality defy majority opinion, the medical establishment, and sometimes the law to have their babies at home. In considering their interpretations--including their critiques of the dominant medical model of childbirth and their views on labor pain--she examines the kinds of agency afforded to or denied women as they derive religious meanings from childbirth. Throughout, she identifies tensions and affinities between feminist and traditionalist appraisals of the symbolic meaning of birth and the power of women. What does home birth--a woman-centered movement working to return birth to women's control--mean in practice for women's gender and religious identities? Is this supreme valuing of procreation and motherhood constraining, or does it open up new realms of cultural and social power for women? By asking these questions while remaining cognizant of religion's significance, Blessed Events challenges both feminist and traditionalist accounts of childbearing while broadening our understanding of how religion is ''lived'' in contemporary America.