Pregnant and No Civil Rights – SHAME USA SHAME!

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Just to let everyone know that this incredibly brave and humane organisation of truly dedicated and amazing women in the USA, NAPW (National Advocates for Pregnant Women) have exploded onto the pages of the New York Times with yet another harrowing article about the state of affairs (and crucially, the state of things to come) in the USA since the recent success of the Republican’s in the mid term elections -stay focused, stay tuned on this topic for it affects all women, everywhere. As long as their is abuse of women’s sexual and reproductive rights, women and girls everywhere are at risk of serious discrimination, marginalization and abuse. Fight back – get knowledgeable – support NAPW. Stay tuned with INPUD as we work alongside NAPW to take the USA to the Human Rights Council next May 2015 over the tragic, inhumane and criminal acts against pregnant women – and in particular, pregnant women who use drugs.

On Saturday, November 7, 2014 The New York Times ran the op-ed, “Pregnant, and No Civil Rights,” by NAPW’s Executive Director Lynn Paltrow and Board President Jeanne Flavin. This commentary describes the shocking realities of the risks that anti-abortion and “personhood” measures pose for allpregnant women in the United States. It highlights just a few narratives of the nearly 800 cases we have documented since 1973 of pregnant women being denied their civil and human rights whether they seek to end their pregnancy or go to term. The op-ed ends with this call to action: “We should be able to work across the spectrum of opinion about abortion to unite in the defense of one basic principle: that at no point in her pregnancy should a woman lose her civil and human rights.”We are proud to let you know that, over the weekend, the op-ed was the #1 most emailed, tweeted, and Facebook ‘shared,’ piece in The New York Times. Thank you to everyone who has helped to spread the word, and for those who have not, we hope you will!


Pregnant, and No Civil Rights

By Lynn Paltrow and Jeanne Flavin

November 7, 2014

With the success of Republicans in the midterm elections and the passage of Tennessee’s anti-abortion amendment, we can expect ongoing efforts to ban abortion and advance the “personhood” rights of fertilized eggs, embryos and fetuses.

But it is not just those who support abortion rights who have reason to worry. Anti-abortion measures pose a risk to all pregnant women, including those who want to be pregnant.

Such laws are increasingly being used as the basis for arresting women who have no intention of ending a pregnancy and for preventing women from making their own decisions about how they will give birth.

How does this play out? Based on the belief that he had an obligation to give a fetus a chance for life, a judge in Washington, D.C., ordered a critically ill 27-year-old woman who was 26 weeks pregnant to undergo a cesarean section, which he understood might kill her. Neither the woman nor her baby survived.

In Iowa, a pregnant woman who fell down a flight of stairs was reported to the police after seeking help at a hospital. She was arrested for “attempted fetal homicide.”

Credit to Johner Images_Alamy

In Utah, a woman gave birth to twins; one was stillborn. Health care providers believed that the stillbirth was the result of the woman’s decision to delay having a cesarean. She was arrested on charges of fetal homicide.

In Louisiana, a woman who went to the hospital for unexplained vaginal bleeding was locked up for over a year on charges of second-degree murder before medical records revealed she had suffered a miscarriage at 11 to 15 weeks of pregnancy.

Florida has had a number of such cases. In one, a woman was held prisoner at a hospital to prevent her from going home while she appeared to be experiencing a miscarriage. She was forced to undergo a cesarean. Neither the detention nor the surgery prevented the pregnancy loss, but they did keep this mother from caring for her two small children at home. While a state court later found the detention unlawful, the opinion suggested that if the hospital had taken her prisoner later in her pregnancy, its actions might have been permissible.

In another case, a woman who had been in labor at home was picked up by a sheriff, strapped down in the back of an ambulance, taken to a hospital, and forced to have a cesarean she did not want. When this mother later protested what had happened, a court concluded that the woman’s personal constitutional rights “clearly did not outweigh the interests of the State of Florida in preserving the life of the unborn child.”

Anti-abortion reasoning has also provided the justification for arresting pregnant women who experience depression and have attempted suicide. A 22-year-old in South Carolina who was eight months pregnant attempted suicide by jumping out a window. She survived despite suffering severe injuries. Because she lost the pregnancy, she was arrested and jailed for the crime of homicide by child abuse.

Fight Back!

These are not isolated or rare cases. Last year, we published a peer-reviewed studydocumenting 413 arrests or equivalent actions depriving pregnant women of their physical liberty during the 32 years between 1973, when Roe v. Wade was decided, and 2005. In a majority of these cases, women who had no intention of ending a pregnancy went to term and gave birth to a healthy baby. This includes the many cases where the pregnant woman was alleged to have used some amount of alcohol or a criminalized drug.

Since 2005, we have identified an additional 380 cases, with more arrests occurring every week. This significant increase coincides with what theGuttmacher Institute describes as a “seismic shift” in the number of states with laws hostile to abortion rights.

The principle at the heart of contemporary efforts to end legal abortion is that fertilized eggs, embryos and fetuses are persons or at least have separate rights that must be protected by the state. In each of the cases we identified, this same rationale provided the justification for the deprivation of pregnant women’s physical liberty, as well as of the right to medical decision making, medical privacy, bodily integrity and, in one case, the woman’s right to life.

Many of the pregnant women subjected to this mistreatment are themselves profoundly opposed to abortion. Yet it was precisely the legal arguments for recriminalizing abortion that were used to strip them of their rights to dignity and liberty in the context of labor and delivery. These cases, individually and collectively, highlight what is so often missed when the focus is on attacking or defending abortion, namely that all pregnant women are at risk of losing a wide range of fundamental rights that are at the core of constitutional personhood in the United States.

 If we want to end these unjust and inhumane arrests and forced interventions on pregnant women, we need to stop focusing only on the abortion issue and start working to protect the personhood of pregnant women.

We should be able to work across the spectrum of opinion about abortion to unite in the defense of one basic principle: that at no point in her pregnancy should a woman lose her civil and human rights.



About Erin

Freelance writer and journalist for the global drug user press
This entry was posted in Campaigns, Human Rights Violations, INWUD and tagged , , , . Bookmark the permalink.

3 Responses to Pregnant and No Civil Rights – SHAME USA SHAME!

  1. Mags Maher says:

    thanks Erin for bringing this total abuse of human rights to our attention and for keeping us informed on the abuses that continue to be carried out in the USA on a daily basis without anyone so much as batting an eye lid, I think this is a fabulous piece of work you are engaged with and so vitally important so you go girl, as exhausting as it must get at times be reassured by the fact that people like me really appreciate your voice and your activism, take care hun, love, hugs & peace out Mags 🙂


  2. Pingback: Incinta e senza diritti civili. Vergogna USA Vergogna! | Indifference Busters

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