Childbirth, Vulnerability and Law


Book Description

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.




Women’s Birthing Bodies and the Law


Book Description

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.




Birth Settings in America


Book Description

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.




Speaking Out


Book Description

This is the first critical study of feminist practices of ‘speaking out’ in response to rape. This book argues that feminist anti-rape politics are characterised by a belief in the transformative potential of women’s personal narratives of sexual violence. The political mobilisation of these narratives has been an incredibly successful strategy, but one with unresolved ethical questions and political limitations. The book explores both the successes and the unresolved questions through feminist archival materials, published narratives of sexual violence, and mass media and internet sources. It argues that that a rethinking of the role and place of women’s stories and the politics of speaking out is vital for a rethinking of feminist politics around sexual violence and key to fresh approaches to combating this violence.




Women’s Birthing Bodies and the Law


Book Description

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.




Disease Control Priorities, Third Edition (Volume 2)


Book Description

The evaluation of reproductive, maternal, newborn, and child health (RMNCH) by the Disease Control Priorities, Third Edition (DCP3) focuses on maternal conditions, childhood illness, and malnutrition. Specifically, the chapters address acute illness and undernutrition in children, principally under age 5. It also covers maternal mortality, morbidity, stillbirth, and influences to pregnancy and pre-pregnancy. Volume 3 focuses on developments since the publication of DCP2 and will also include the transition to older childhood, in particular, the overlap and commonality with the child development volume. The DCP3 evaluation of these conditions produced three key findings: 1. There is significant difficulty in measuring the burden of key conditions such as unintended pregnancy, unsafe abortion, nonsexually transmitted infections, infertility, and violence against women. 2. Investments in the continuum of care can have significant returns for improved and equitable access, health, poverty, and health systems. 3. There is a large difference in how RMNCH conditions affect different income groups; investments in RMNCH can lessen the disparity in terms of both health and financial risk.




Maternity and Paternity at Work


Book Description

This report provides a picture of where we stand and what we have learned so far about maternity and paternity rights across the world. It offers a rich international comparative analysis of law and practice relating to maternity protection at work in 185 countries and territories, comprising leave, cash benefits, employment protection and non-discrimination, health protection, breastfeeding arrangements at work and childcare. Expanding on previous editions, it is based on an extensive set of new legal and statistical indicators, including coverage in law and in practice of paid maternity leave as well as statutory provision of paternity and parental leave and their evolution over the last 20 years. The report also takes account of the recent economic crisis and austerity measures. It shows how well national laws and practice conform to the ILO Maternity Protection Convention, 2000 (No. 183), its accompanying Recommendation (No. 191) and the Workers with Family Responsibilities Convention, 1981 (No. 156), and offers guidance on policy design and implementation. This report shows that a majority of countries have established legislation to protect and support maternity and paternity at work, even if those provisions do not always meet the ILO standards. One of the persistent challenges is the effective implementation of legislation, to ensure that all workers are able to benefit from these essential labour rights.




Medical Law and Ethics


Book Description

Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Online resources This book is accompanied by the following online resources: - Complete bibliography and list of further reading - Links to the key cases mentioned in the book - A video from the author which introduces the book and sets the scene for your studies - Links to key sites with information on medical law and ethics - Answer guidance to one question per chapter




Vulnerability and the Art of Protection


Book Description

Based on ethnographic research conducted in rural Morocco, Vulnerability and the Art of Protection examines how culture shapes health behavior in low-income households. The book explores local forms of social, cultural, and spiritual experience to discern when and how women caregivers heeded, ignored, and manipulated both scientific and folk knowledge about health dangers. The comparison illuminates links among the implicit structures of everyday life, embodied experience, and household health practices. MacPhee argues that recurring patterns of interiority, unity, balance, and purity in the organization of domestic life simultaneously generated an embodied index for discerning feelings of vulnerability and security at the level of the body, the household, and the community. This embodied index, in turn, mediated the ambiguous relationship between general knowledge about health dangers and the immediate contexts of lived experience. Case studies on the diverse protective strategies that Moroccan housewives used during pregnancy, childbirth, and breastfeeding provide insight into the complexity of lived experience in a cultural context of medical pluralism, ethnic diversity, and social change. Instead of depicting culture as a static set of beliefs or practices, the analysis highlights the dynamic way that embodied sensibilities influenced women's interpretation of the relative degree of danger in particular contexts and their enactment of particular strategies of protection. The integration of concepts such as embodied experience, cultural aesthetics, intersubjectivity, and practical logic offers medical anthropologists and public health professionals a new context-specific way to conceptualize risk-perception and the cultural determinants of health behavior. This book is part of the Ethnographic Studies in Medical Anthropology Series, edited by Pamela J. Stewart and Andrew Strathern, Department of Anthropology, University of Pittsburgh. "MacPhee's text provides a subtle critique of medical anthropological theory and intervenes in important ways into public health scholarship ... This book would be an excellent introductory text for undergraduates, or for students from public health and other research fields. The text would make a successful teaching tool for interdisciplinary classes as it introduces readers to important elements of anthropological theory while still being useful for students interested in more applied research." -- Journal of Anthropological Research




Home Birth - E-Book


Book Description

As the rate of homebirth increases in the UK, this important new book offers a basic, practical guide for anyone involved in the planning, resourcing and facilitation of safe and respectful birth at home. Blending both contemporary academic and clinical practice, this textbook covers the whole scope of home birth practice, from antenatal care, delivery and postnatal care, as well as management of emergencies at home and practical advice for managing transfer. Facilitating a safe home birth requires a robust multidisciplinary team approach. Whatever your role in planning or attending a birth at home, and whether you are a student, practising midwife, paramedic or obstetrician, this resource will have something for you. - Covers the whole scope of home birth practice, for each member the multidisciplinary team - Written by leading experts from diverse backgrounds including midwives, paramedics, obstetricians and neonatal nurses from clinical practice, academia and education - Presents balanced and unbiased contemporary evidence supporting birth at home - Discusses effective care planning from developing a homebirth services, practical resources and skills, equipment planning and geographical considerations - Covers important topics within midwifery including the rise of 'freebirthing', multidisciplinary team working and the care of women with complex biopsychosocial needs or from underrepresented communities - Clearly identifies roles and responsibilities of the multidisciplinary team - Suitable for midwifery students embarking on a home birth placement