Criminalization of pregnancy in US

momj47(7A)January 15, 2013

This is just so awful.

Hundreds of women have been arrested, convicted, jailed, detained in mental institutions or forced to endure medical procedures as a result of the "criminalization of pregnancy" over the last four decades, a new report has found.

The report, which will appear in the Journal of Health Politics, Policy and Law, found that women were denied a wide range of basic human rights, including the right to life, liberty, equal protection and due process of law "based solely on their pregnancy status".

It found a wide range of cases in which pregnant women were arrested and detained not only if they ended a pregnancy or expressed an intention to end a pregnancy, but also after suffering unintentional pregnancy loss....

The war on women continues.

FYI - THIS HAS NOTHING TO DO WITH GUN CONTROL.

Here is a link that might be useful: Link

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rob333

I did read the whole article.

"Paltrow warned that if personhood measures pass, it would create a 'Jane Crow system of law in which pregnant women have a second-class status.'"

Statistics please, author. I would likely agree! But to make broad statements this strong, with anecdotal cases over such an incredibly long period of time, I'm not sure it wasn't just rare happenstance. Not that it's ever correct. But the outrageous claim, oft stated in the article, and "more widespread than this reporting" are weaker than they should be. Be bold, be strong, list them all and their circumstances. Let's get this information out there in a strong way! So far, I'm less than impressed. Again, not that it's ok or right.

I'm even open to discussing the Tennessee case. Is it ever ok to drink "some" and drive? Drink while pregnant? FAE is less harmful than FAS, but still is problematic. She is endangering her child. But to arrest her when she "shouldn't have been" (being under the legal limit of intoxication, SO?!), why not just a lesser charge? (disorderly conduct for instance?) Maybe she was arrested for her behavior, not because she was pregnant. This article is not painting a fully clear picture. Just because they say it shouldn't have been so, doesn't mean it shouldn't have been so. Harsher than needed? Well yea, but totaly wrong? No, and it really doesn't matter if she's pregnant or not. She could be pregnant and still be doing something wrong (not necessarily all of the cases).

I find the article either diminshes the importance, if in fact it is happening, or is just poorly written. I'm not really swayed to action. I do hope they clean up their act, but so much goes on so many places (extreme enough for you?), it can't hurt to make sure it stops fully.

    Bookmark   January 15, 2013 at 1:41PM
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momj47(7A)

Here's the link to the Journal article (it doesn't always open to the first page). It's 44 pages long.

Here is a link that might be useful: Link

    Bookmark   January 15, 2013 at 2:00PM
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marquest(z5 PA)

I appreciate that the study is lengthy and not a short period to come to conclusion. I feel the longer the study the better the info to follow if it really is a trend or a snap shot of a certain period of time.

I have a hard time accepting the way women have been treated and still treated throughout the world. We are thought of by so many as a vessel of no other value.

It is shameful and I do not know what can be done other than women educating themselves and not accept being treated different that is detrimental to their lives as a valuable human being.

    Bookmark   January 15, 2013 at 2:10PM
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rob333

The cases they detail had women doing wrong things. I'm left with, if they had the same problems with a child living outside the womb, would views differ. Is it ok to leave a child with a mother who is addicted to huffing paint or cocaine? I am even of the mind that addictions are a health condition. But does that mean these women have carte blanche because the child is inside the womb? How are the child's rights so different? These children were going to be born. Let's take Michelle Greene.

"...went to a hospital complaining of bleeding and stomach
pain. Doctors suspected that she had recently given birth and contacted law enforcement authorities. After repeated police interrogations, Greenup "confessed" that the baby was born alive and it died because she had failed to provide it with proper care."

How is this any different than other young women who give birth in their own bathroom and then try to hide it from their family? However, the child died due to the fact Ms. Greene had likely been administered a contraceptive when she was pregnant. BUT, and it's a big BUT... if she'd acted differently, would the baby have lived? Even if they wouldn't have, as long as she'd sought medical treatment without her suspcious coverup behavior, I'd feel a lot better about her circumstances. More solid in saying she was wronged when she'd done "nothing wrong". She did cover it up and it really makes one wonder why. Why lie about her stomach cramps?

These things are grey and people likely did what they thought best at the time. At least the majority of the time. I find "widespread" the wrong word for them to use. They seem to be trumping up the charges.

I might be more compelled after reading the entire tome (not there yet), but so far, not really.

    Bookmark   January 15, 2013 at 2:35PM
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dockside_gw

Doctors suspected that she had recently given birth and contacted law enforcement authorities. After repeated police interrogations, Greenup "confessed" that the baby was born alive and it died because she had failed to provide it with proper care."

rob, didn't you read further? The fetus was 11 to 15 weeks. That hardly constitutes a baby born alive which died without proper care. At that "age" the fetus would not have lived despite any and all care.

    Bookmark   January 15, 2013 at 5:13PM
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jodik_gw

A slippery slope, this chipping away at women's rights at the state level in order to abolish abortion, by seeking personhood rights for fertilized eggs, embryos, and fetuses... it would appear that a lot of other women in differing situations are being caught up in the tidal wave of what amounts to personal belief... it's not just a matter of abortion.

    Bookmark   January 15, 2013 at 5:19PM
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