Social and Behavioral Sciences Commons^™

Brief Of Amici Curiae In Support Of The United States: Moyle & Idaho V. United States, David S. Cohen, Greer Donley, Rachel Rebouché

Amici Briefs

This amicus brief, submitted to the Supreme Court in Moyle v. United States, argues that Moyle, and the impending circuit split surrounding it, is a symptom of a larger workability problem with the Dobbs v. Jackson Women’s Health Organization framework. Dobbs is already proving, in its brief existence, to be unworkable, and must be overturned. In short order, the Dobbs ruling has ushered in an era of unprecedented legal and doctrinal chaos, precipitating a fury of disorienting legal battles across the country. The Dobbs framework has created destabilizing conflicts between federal and state authorities, as in the current …

Thinly Rooted: Dobbs, Tradition, And Reproductive Justice, Darren L. Hutchinson

Faculty Articles

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These two cases held that the Due Process Clause of the Fourteenth Amendment encompassed a right of women to terminate a pregnancy. Roe reflected over 60 years of substantive due process precedent finding and reaffirming a constitutional right of privacy with several animating themes, including bodily integrity, equality, and dignity. The Court’s substantive due process doctrine had established that the analysis in such cases would involve multiple points of inquiry, such as tradition, contemporary practices, and …

Reproductive Justice And Feminism: A Comparative Legal Analysis Of The Policies And Healthcare Systems In The United States And Colombia, Samantha Cooke

Modern Languages, Philosophy and Classics Theses

This thesis seeks to offer a comparative legal analysis of the state of the laws regarding abortion and reproductive autonomy in the United States of America and Colombia. This thesis will first address a brief history of feminism and its origins in the United States and Colombia. It will also analyze the policies held by each respective nation; starting with old legislation and moving to current policies regarding abortion. It will also include a comparison between both the U.S. and Colombia; offering suggestions for the future with regards to potential policy changes. The purpose of this thesis is to demonstrate …

Abortion Decisions As Humanizing Acts: The Application Of Ambivalent Sexism And Objectification To Women-Centered Anti-Abortion Rhetoric, Rachel L. Dyer, Olivia R. Checkalski, Sarah Gervais

Department of Psychology: Faculty Publications

Women-centered anti-abortion rhetoric, grounded in ostensibly positive beliefs that pregnant people are precious objects who must be protected from having abortions, has proliferated anti-abortion activism and legislation. However, abortion stigma, marked by negative perceptions of people who terminate pregnancies, is the most widely used theoretical tool for understanding the social and psychological implications of abortion. In this article, we first integrate these two seemingly contradictory perspectives on abortion through the lens of ambivalent sexism theory. We then argue that ambivalent sexism paves the way for objectifying perceptions and treatment of pregnant people; specifically, our typology of reproductive objectification provides a …

From Abortion Rights To Reproductive Justice: A Call To Action, Erica Goldblatt Hyatt, Judith L.M. Mccoyd, Mery Diaz

Publications and Research

As aggressive cultural and legislative attacks on abortion rights and access continue, we call upon social workers to pursue the liberatory aims of the reproductive justice (RJ) movement. We argue that the RJ framework, rooted in feminist theory, aligns with social work’s social justice ethos and goals, appropriately guiding advocacy and intervention. After outlining the central aims and tenets of the RJ movement, we consider policies that impair RJ and those that could promote RJ, focusing on enhancing body sovereignty, childbearing, and parenting. We conclude with concrete recommendations for how social workers can pursue RJ professionally and personally.

Pain That Only She Must Bear: On The Invisibility Of Women In Judicial Abortion Rhetoric, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

The graphic and bodily facts of a legal question of rights are relevant to the courts, particularly in questions that directly implicate physical bodies and pain, such as right to die cases, or what level of search may be allowable and when. However, in the case of abortion, or more specifically the bodily ramifications of pregnancy and childbirth, this detail is conspicuously absent. This article, relying on a content analysis of over 220 legal opinions on abortion rights, documents this absence of rhetoric. Particularly in the context of other discussions of pain and physical health risks in these very same …

The New Abortion Battleground, David S. Cohen, Greer Donley, Rachel Rebouché

Articles

This Article examines the paradigm shift that is occurring now that the Supreme Court has overturned Roe v. Wade. Returning abortion law to the states has spawned perplexing legal conflicts across state borders and between states and the federal government. This article emphasizes how these issues intersect with innovations in the delivery of abortion, which can now occur entirely online and transcend state boundaries. The interjurisdictional abortion wars are coming, and this Article is the first to provide the roadmap for the immediate aftermath of Roe’s reversal and what lies ahead.

Judges and scholars, and most recently the Supreme …

From The Legal Literature: If The Fetus Is A Person—Is It Relevant? An Argument On The Rights Of Pregnant Women, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Discutiendo Desde El Interior: La Marginación De Los Hombres Trans Dentro Del Movimiento Por El Aborto Legal En Argentina / Arguing From Within: The Marginalization Of Trans Men Within The Movement For Legal Abortion In Argentina, Olivia Nichols

Independent Study Project (ISP) Collection

En la actualidad, el color verde lleva con ello una asociación casi indudable al movimiento por el aborto legal en Argentina. A pesar de este alto perfil del movimiento conocido como la marea verde, una recorrida por la historia del movimiento revela una gran brecha en el diálogo en relación con la inclusión de personas que no son mujeres cis, como los hombres trans que también abortan.

Informada por entrevistas con activistas trans argentinos y la observación de un encuentro de la Campaña Nacional por el Derecho al Aborto Legal, Seguro y Gratuito, esta investigación considera la inclusión (o falta …

Using Evidence To Improve Quality Of Pharmacy-Delivered Medical Abortion, Katharine Footman, Nancy Termini Lachance

Reproductive Health

The goal of family planning and reproductive health operations research is to generate evidence that helps policies and programs maximize access to and quality of services for women and their families. Yet the crucial step of ensuring the utilization of that evidence often receives inconsistent or inadequate attention. The goal of this case study is to document an activity of Marie Stopes International (MSI) in Kenya, part of the STEP UP research program consortium, which resulted in successful evidence utilization. STEP UP research on quality of care for medical abortion, particularly on pharmacy provision of medical abortion, has provided the …

L’Expérience De Femmes Ayant Subi Une Grossesse Non Désirée Au Sénégal : Une Étude Qualitative, Fatou Mbow, Nafissatou Diop

Reproductive Health

Au Sénégal, l’avortement n’est autorisé que lorsque la vie de la mère est menacée. Depuis 2013, le Comité de plaidoyer pour l’accès à l’avortement médicalisé au Sénégal (plus connu sous le nom de « Taskforce ») mène des activités de plaidoyer pour une révision de la loi. L’avortement est maintenant plus ouvertement discuté, mais la voix des femmes victimes de grossesse non désirée n’est pas entendue. Cette étude documente l’expérience de ces femmes pour fournir des évidences pour le plaidoyer. L’autorisation de l'avortement médicalisée contribuera à respecter les droits humains et de santé des femmes, ainsi qu’à réduire les conséquences …

Status Of Sexual And Reproductive Health And Rights In Zambia: Contraception And Family Planning, Preventing Unsafe Abortion And Accessing Post Abortion Care, And Maternal Health, Population Council

Reproductive Health

In 1994, the International Conference on Population and Development affirmed that sexual and reproductive health and rights (SRHR) are human rights. The Government of the Republic of Zambia has fully committed to fulfilling the SRHR of all people by ratifying 11 international instruments of law. This brief is Part 1 of a three-part series entitled “Status of Sexual and Reproductive Health and Rights in Zambia,” reporting on progress, gaps, and existing challenges in SRHR. Using a human rights–based approach, the Government of Zambia and collaborators, with technical facilitation by the Population Council, conducted an assessment of the status of SRHR …

Senegal: Explorer Le Processus De La Collaboration Multisectorielle Mise En Place Pour L’Étude Qualitative, Fatou Mbow, Nafissatou Diop, Awa Diop Dabo, Awa Tounkara Cissé, Seynabou Ba Diakhaté

Reproductive Health

En 2015, STEP UP a mené une étude qualitative sur l’expérience de femmes ayant subi une grossesse non désirée suite à un viol ou inceste dans la région de Dakar, Sénégal, en partenariat avec le Comité de plaidoyer pour l’accès à l’avortement médicalisé, plus connu sous le nom de «Taskforce». L’objectif général de l’étude était de développer une meilleure compréhension de la vie de ces femmes et d’apporter leur voix au débat sur la légalisation de l’avortement médicalisé. Cette étude de cas examine les caractéristiques de la collaboration, comment elle a été efficace, les leçons apprises, et les recommandations formulées …

Los Factores Influyentes En Las Perspectivas De Aborto De Los Estudiantes Universitarios En Santiago, Chile: Desde Lo Conservador A Lo Contrario, Victoria Albert

Independent Study Project (ISP) Collection

Research Question: What factors influence the pro-life and pro-choice perspectives of university students in Santiago, Chile? What are these perspectives? Objectives: The general objective of this study is to describe the pro-life and pro-choice perspectives on abortion held by university students in Santiago, Chile, and to describe how factors such as feminism, religion, and the right to life influence these views today. The specific objectives of this study are to define and analyze the way in which these factors work to influence students’ perspectives, as well as identify what percentage of students currently support various types of abortion.

Background: Chile …

Pharmacy Workers In Kenya Need Training And Support On Medical Abortion Information And Referrals To Prevent Unsafe Service Provision, Jesse Njunguru, A. Finnie, Katharine Footman, Wilson Liambila, Kate Reiss

Reproductive Health

Despite the centrality of pharmacists in the provision of abortion services in Kenya, little is known about their medical abortion (MA) knowledge, attitudes, or practices. This policy brief reports on a study that set out to bridge this gap in the evidence. The report concludes that comprehensive training for pharmacy workers could improve the quality of MA provision and referrals, and help pharmacy workers identify opportunities to simultaneously provide clients with information on contraception and STI prevention. Such efforts would be in line with current Kenyan government policies to reduce the public health burden caused by the prevalence of unsafe …

L’Expérience De Femmes Ayant Subi Une Grossesse Non Désirée Au Sénégal : Une Étude Qualitative [Compte Rendu De La Rencontre De Partage Des Résultats], Fatou Mbow, Nafissatou Diop, Babacar Mane

Reproductive Health

Dans le cadre du projet Strengthening Evidence for Programming on Unintended Pregnancy (STEP UP), et sur financement de DFID, une étude qualitative a été menée dans la région de Dakar au Sénégal par le Population Council en partenariat avec la Taskforce sur l’expérience des femmes ayant subi une grossesse non désirée suite à un viol ou un inceste pour apporter la voix de ces femmes au débat sur la légalisation de l’avortement médicalisée. Une rencontre plus large, dont ce rapport est la synthèse, a été organisée en janvier 2016 par la Direction de la Santé de la Reproduction et de …

Building A National Pro-Choice Alliance In Mexico: Evaluation Of The Alliance Media Campaign To Promote Access To Safe, Free, And Legal Abortion Services, Population Council

Reproductive Health

The Population Council and Alliance partners designed a legal abortion media campaign aimed at informing women in Mexico City of their legal right to a safe, free elective abortion during the first 12 weeks of pregnancy. The impetus for the campaign was the apparent lack of knowledge regarding the legality of abortion in Mexico City among low-income, marginalized women of reproductive age combined with the inadequate number of Mexico City Ministry of Health facilities equipped to provide services to women living in an expansive metropolitan area such as Mexico City. This brief presents results of an evaluation that show that …

Abortion In Brazil - Todo Mundo Faz: An Analysis Of Social Movements And Social Support For The Liberalization Of Brazil’S Abortion Law In Salvador, Brazil, Maria Camila Caicedo

Independent Study Project (ISP) Collection

This study analyzed the current actions of feminist movements, black women’s movements, and other advocacy groups that have a stake in the current debate for the legalization of abortion in Brazil. The purpose of the study was to assess the current political avenues for approaching the legislative body available to marginalized groups who are disproportionately affected by the criminalization of abortion. It was built upon a comprehensive review of existing literature, which found very little information on the actions of feminist movements and black women’s movements in Northeast Brazil. The study was conducted over the course of four weeks in …

Knowledge And Provision Practices Of Misoprostol Among Pharmacies In Senegal, Ramatoulaye Ndao, Nafissatou Diop, Kate Reiss, Eva Burke

Reproductive Health

Marie Stopes International and the Population Council conducted a study on the knowledge and practice of misoprostol provision among pharmacy workers in Senegal, as part of the Strengthening Evidence for Programming on Unintended Pregnancy (STEP UP) research program. This study helped guide strategies for expanding provision and proper delivery in pharmacies of misoprostol, a drug which is highly effective and acceptable for treating postpartum hemorrhage and post-abortion complications. Amplified communication about the product can contribute to an increase in demand from providers in all sectors. However, as demand for the product increases, the supply chain must be strengthened to respond …

Availability, Use And Quality Of Care For Medical Abortion Services In Private Facilities In Kenya, Wilson Liambila, Francis Obare, Edward Ikiugu, Vitalis Akora, Jesse Njunguru, Michael Njuma, Kate Reiss, Harriet Birungi

Reproductive Health

The overall goal of this study was to generate evidence on the availability, use, and quality of care for medical abortion services in private facilities (pharmacies and clinics) in Kenya. With the passing of a new constitution in 2010, there was renewed interest in the right to health and the need to reduce the high levels of maternal morbidity and mortality arising from unsafe abortion in the country. In spite of recent developments, there is limited understanding of the extent to which the changes have influenced the provision of medical abortion information and services in the country, the acceptability of …

Selling Life To Abortion-Seekers: A Content Analysis Of Passive And Active Persuasion In Crisis Pregnancy Center Marketing, Alexander Kocman

Masters Theses

For supporters of the pro-life cause, crisis pregnancy centers (or CPC's) have become the "darlings of the movement," according to the New York Times (Belluck, 2013), offering women with unplanned pregnancies free advice, information, classes, childcare, and needed supplies. For abortion advocates, such establishments are intended to seduce vulnerable abortion-seekers into a situation where they will be counseled out of an abortion and possibly even proselytized. Yet for as much controversy as exists in the news media, medical community, and legal realm about CPC's, there is an unsettling lack of understanding of how--and why--CPC's market themselves the way they do. …

Unintended Pregnancy And Abortion In India: Country Profile Report, Mary Philip Sebastian, M.E. Khan, Daliya Sebastian

Reproductive Health

A review of literature and analysis of large surveys were carried out with funding from the STEP UP consortium led by Population Council to build a coherent body of robust research-based evidence on the situation in India in the context of unmet need for family planning (FP) and safe abortion services. The study found that there is insufficient training of different cadres of health staff in the public health system on abortion provision, post-abortion care, FP counseling of young couples, emergency contraception, and IUD insertion/removal. Despite service delivery guidelines in India expecting providers to provide FP counseling during antenatal visits, …

Induced Abortions And Unintended Pregnancies In Pakistan, 2012, Population Council

Reproductive Health

The 2012–13 PDHS (Pakistan Demographic and Health Survey) shows that gains in contraceptive prevalence over the past decade have been small, and unmet need has remained high. Using data from a 2012 national study on post-abortion care, we estimate 2.2 million abortions occurred in Pakistan in 2012, and an annual abortion rate of 50 per 1,000 women. A previous study estimated an abortion rate of 27 for 2002. Even accounting for an underestimation of abortion incidence (private sector abortion services could not be included) in the prior study, the abortion rate in Pakistan has likely increased substantially between 2002 and …

Reducing Unsafe Menstrual Regulation Through Medication In Bangladesh, Ubaidur Rob, Ismat Ara Hena, Nargis Sultana, Md. Irfan Hossain, Reena Yasmin, Tapash Ranjan Das, Farid Uddin Ahmed

Reproductive Health

The Population Council and Marie Stopes Bangladesh, in collaboration with the Directorate General of Family Planning and with funding from the World Health Organization, tested the feasibility of introducing menstrual regulation with medication (MRM) in Bangladesh and assessed the acceptability of providing MRM using the combination drug regimen mifepristone and misoprostol in urban and rural public health facilities. As reported in this policy brief, the study demonstrates that it is feasible and safe to introduce MRM in rural and urban public health facilities. Given the choice, almost two-thirds of women preferred MRM to manual vacuum aspiration and women receiving MRM …

Access To Emergency Contraception And Safe Abortion Services For Survivors Of Rape: A Review Of Policies, Programmes And Country Experiences In Sub-Saharan Africa, Jill Thompson, Chi-Chi Undie, Ian Askew

Reproductive Health

This study examined how pregnancy prevention and management services (specifically, the provision of emergency contraception, pregnancy testing and counseling, and termination or referral for termination of pregnancy services) feature within post-rape care services in sub-Saharan Africa. The study drew on a range of sources via a desk review, as well as on information provided through key informant interviews. The existence of numerous national guidelines in the region demonstrates countries’ desire to respond to this public health and legal challenge. However, if left in their current state, the gaps and inconsistencies observed across most national guidelines contribute to a violation of …

Libertarian Patriarchalism: Nudges, Procedural Roadblocks, And Reproductive Choice, Govind Persad

Georgetown Law Faculty Publications and Other Works

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves.

This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that …

Introducing Medical Mr In Bangladesh: Mrm Final Report, Ismat Ara Hena, Ubaidur Rob, Nargis Sultana, Md. Irfan Hossain, Reena Yasmin, Tapash Ranjan Das, Farid Uddin Ahmed

Reproductive Health

The Population Council Bangladesh, in collaboration with the Directorate General of Family Planning and Marie Stopes Bangladesh, with funding from the World Health Organization and the DFID-supported STEP UP project, conducted an 18-month operations research study from January 2012 to June 2013. This operations research tested the feasibility of introducing menstrual regulation with medication (MRM) in Bangladesh and assessed accessibility of the combination regimen of mifepristone and misoprostol in urban and rural health facilities. Based on this study’s results, the feasibility of introducing MRM services in Bangladesh is clear, and women receiving MRM were satisfied with their overall quality of …

Availability, Use And Quality Of Care For Medical Abortion Services—Preliminary Results Of Two Components: Kiis And The Pharmacy Study, Wilson Liambila, Harriet Birungi, Francis Onyango, Brian Mdawida, Vitalis Akora, Thoai Ngo, Kate Reiss

Reproductive Health

No abstract provided.

Access To Emergency Contraception And Safe Abortion Services For Survivors Of Rape And Defilement In Sub-Saharan Africa: A Regional Overview, Jill Thompson, Chi-Chi Undie, Ian Askew

Reproductive Health

No abstract provided.

Increasing Access To Safe Abortion In Rural Maharashtra: Outcomes Of A Comprehensive Abortion Care Model, Shireen J. Jejeebhoy, A.J. Francis Zavier, Rajib Acharya, Shveta Kalyanwala

Reproductive Health

This assessment of a Comprehensive Abortion Care (CAC) model was conducted by the Population Council on behalf of the Consortium for Safe Abortions in India. The goal of the Consortium is to increase access to legal, safe, and comprehensive abortion services, including post-abortion family planning, in the public health system, and especially among the rural poor. This report describes the CAC model implemented in Aurangabad district, Maharashtra, and examines the extent to which the model improved (a) the availability and quality of abortion services in public sector facilities, and (b) women’s awareness and experiences with regard to abortion services. It …