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Author | : Rachel Roth |
Publisher | : Cornell University Press |
Total Pages | : 263 |
Release | : 2018-08-06 |
Genre | : Social Science |
ISBN | : 1501718657 |
Download Making Women Pay Book in PDF, ePub and Kindle
Once backed primarily by anti-abortion activists, fetal rights claims are now promoted by a wide range of interest groups in American society. Government and corporate policies to define and enforce fetal rights have become commonplace. These developments affect all women—pregnant or not—because women are considered "potentially pregnant" for much of their lives. In her powerful and important book, Rachel Roth brings a new perspective to the debate over fetal rights. She clearly delineates the threat to women's equality posed by the new concept of "maternal-fetal conflict," an idea central to the fetal rights movement in which women and fetuses are seen as having interests that are diametrically opposed. Roth begins by placing fetal rights politics in historical and comparative context and by tracing the emergence of the notion of fetal rights. Against a backdrop of gripping stories about actual women, she reviews the difficulties fetal rights claims create for women in the areas of employment, health care, and drug and alcohol regulation. She looks at court cases and state legislation over a period of two decades beginning in 1973, the year of the Roe v. Wade decision legalizing abortion. Her exhaustive research shows how judicial decisions and public policies that grant fetuses rights tend to displace women as claimants, as recipients of needed services, and ultimately as citizens. When a corporation, medical authority, or the state asserts or accepts rights claims on behalf of a fetus, the usual justification involves improving the chance of a healthy birth. This strategy, Roth persuasively argues, is not necessary to achieve the goal of a healthy birth, is often counterproductive to it, and always undermines women's equal standing.
Author | : Alan Marzilli |
Publisher | : Infobase Publishing |
Total Pages | : 151 |
Release | : 2005 |
Genre | : Current events |
ISBN | : 1438105991 |
Download Fetal Rights Book in PDF, ePub and Kindle
Presents divergent viewpoints on the legal rights of unborn children.
Author | : Cynthia R. DANIELS |
Publisher | : Harvard University Press |
Total Pages | : 192 |
Release | : 2009-06-30 |
Genre | : Social Science |
ISBN | : 0674030168 |
Download At Women's Expense Book in PDF, ePub and Kindle
Some say the fetus is the "tiniest citizen." If so, then the bodies of women themselves have become political arenas - or, recent cases suggest, battlefields: A cocaine-addicted mother is convicted of drug trafficking through the umbilical cord. Women employees at a battery plant must prove infertility to keep their jobs. A terminally ill woman is forced to undergo a cesarean section. No longer concerned with conception or motherhood, the new politics of fetal rights focuses on fertility and pregnancy itself, on a woman's relationship with the fetus. How exactly, Cynthia Daniels asks, does this affect a woman's rights? Are they different from a man's? And how has the state helped determine the difference? The answers, rigorously pursued throughout this book, give us a detailed look into the state's paradoxical role in gender politics - as both a challenger of injustice and an agent of social control. In benchmark legal cases concerned with forced medical treatment, fetal protectionism in the workplace, and drug and alcohol use and abuse, Daniels shows us state power at work in the struggle between fetal rights and women's rights. These cases raise critical questions about the impact of gender on women's standing as citizens, and about the relationship between state power and gender inequality. Fully appreciating the difficulties of each case, the author probes the subtleties of various positions and their implications for a deeper understanding of how a woman's reproductive capability affects her relationship to state power. In her analysis, the need to defend women's right to self-sovereignty becomes clear, but so does the need to define further the very concepts of self-sovereignty and privacy. The intensity of the debate over fetal rights suggests the depth of the current gender crisis and the force of the feelings of social dislocation generated by reproductive politics. Breaking through the public mythology that clouds these debates, At Women's Expense makes a hopeful beginning toward liberating woman's body within the body politic
Author | : Suzanne Uttaro Samuels |
Publisher | : Univ of Wisconsin Press |
Total Pages | : 244 |
Release | : 1995 |
Genre | : Health & Fitness |
ISBN | : 9780299145446 |
Download Fetal Rights, Women's Rights Book in PDF, ePub and Kindle
In the late 1970s and throughout the 1980s, many private employers in the United States enacted fetal protection policies that barred fertile women--that is, women who had not been surgically sterilized--from working in jobs that might expose fetuses to toxins. In Fetal Rights, Women's Rights, Suzanne Samuels analyzes these policies and the ambiguous responses to them by federal and state courts, legislatures, administrative agencies, litigants, and interest groups. She poses provocative questions about the implicit links between social welfare concerns and paternalism in the workplace, including: are women workers or wombs? Placing the fetal protection controversy within the larger societal debate about gender roles, Samuels argues that governmental decision-makers confuse sex, which is based solely on biological characteristics, with gender, which is based on societal conceptions. She contends that the debate about fetal protection policies brought this ambiguity into stark relief, and that the response of policy-makers was rooted in assumptions about gender roles. Judges, legislators, and regulators used gender as a proxy, she argues, to sidestep the question of whether fetal protection policies could be justified by the biological differences between women and men. The fetal protection controversy raises a number of concerns about women's role in the workplace. Samuels discusses the effect on governmental policies of the ongoing controversy over abortion rights and the debates between egalitarian and relational feminists about the treatment of women at work. A timely and engrossing study, Fetal Rights, Women's Rights details the pattern of gender politics in the United States and demonstrates the broader ramifications of gender bias in the workplace.
Author | : C. Paul Smith |
Publisher | : Archway Publishing |
Total Pages | : 134 |
Release | : 2020-11-13 |
Genre | : Social Science |
ISBN | : 1480896012 |
Download The Fetal Right to Life Argument Book in PDF, ePub and Kindle
Roe v. Wade (1973) is probably the most important Supreme Court case in the last fifty years. It has affected how the Constitution is interpreted, driven changes in laws, and continues to be a lightning rod in political debate. Roe v. Wade is a complex case that established a woman’s right to privacy and a right to control her own body, which was good. But the Supreme Court also held that a fetus has no right to life and is not a “person” under the Constitution. That latter finding was a colossal error, an abuse of power, and an act of social activism. The egregious flaws in Roe can be corrected with a fetal right to life amendment to the Constitution. Although Congress has not seriously entertained this in forty years, it would still be the right thing to do. Restoring the fetal right to life would require weighing the right to an abortion against the fetal right to life. We should never forget that Roe was a moral travesty that established a reprehensible and barbaric practice of killing defenseless human beings. We should acknowledge the flawed legal rationale used by the Court, and correct the problem. The good parts of Roe do not have to come at the expense of the fetal right to life.
Author | : United States Commission on Civil Rights |
Publisher | : |
Total Pages | : 60 |
Release | : 1975 |
Genre | : Abortion |
ISBN | : |
Download Constitutional Aspects of the Right to Limit Childbearing Book in PDF, ePub and Kindle
Author | : Rosamund Scott |
Publisher | : Hart Publishing |
Total Pages | : 475 |
Release | : 2002-08-05 |
Genre | : Health & Fitness |
ISBN | : 1841131342 |
Download Rights, Duties and the Body Book in PDF, ePub and Kindle
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.
Author | : Robert H. Blank |
Publisher | : Columbia University Press |
Total Pages | : 252 |
Release | : 1994-01-18 |
Genre | : Political Science |
ISBN | : 9780231514453 |
Download Fetal Protection in the Workplace Book in PDF, ePub and Kindle
This thoughtful book grapples with the contentious issue of fetal protection policy in the workplace, contrasting the right of the mother to control her life against the right of the fetus to occupy a risk-free environment. By describing the history of sex discrimination in the American workplace and examining current research on workplace dangers to reproductive health, Blank critically assesses fetal protection policies established by corporations in the last two decades. After explaining the U.S. government's response--both regulatory and judicial--Blank concludes that current means of redress for fetal injuries in the workplace are woefully inadequate. Blank argues for a practicable strategy that will maximize women's employment choices and reproductive health and at the same time keep to a minimum the risks associated with fetal harm. He turns to alternatives to exclusionary policies that are more likely to ensure the birth of children with sound minds and bodies. These include increased maternal leaves, guaranteed prenatal care, expanded research on workplace hazards, and an accidental compensation fund that relieves employers of the yet unrealized fear of liability for fetal harm. Fetal Protection in the Workplace confronts a controversial topic in biomedical policy, law, and women's studies, provides clear suggestions for future policy options, and explains this ongoing conflict involving women's rights and employment and concern for the needs of the unborn.
Author | : Jean Reith Schroedel |
Publisher | : Cornell University Press |
Total Pages | : 252 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9780801437076 |
Download Is the Fetus a Person? Book in PDF, ePub and Kindle
As much a model for future research as a study of the status of the fetus, this book offers an examination of one of the most divisive and complex issues of American life."--BOOK JACKET.
Author | : Edd Doerr |
Publisher | : |
Total Pages | : 180 |
Release | : 1990 |
Genre | : Abortion |
ISBN | : |
Download Abortion Rights and Fetal "personhood" Book in PDF, ePub and Kindle