Archive for the ‘abortion’ Category

Discovering Courage: An Abortion Provider’s Daughter

Wednesday, June 23rd, 2010

The first time I answered the question, “Nice to meet you. What do you do?” with the complete, whole truth I found it hard to breathe. I waited to see the faces change, the hand pull away. That was because, until that moment, when I first met people, I never revealed my full job description. To my relief, no one attacked me, judged me, or even looked at me strangely. I didn’t lie, but I definitely had perfected a watered down, vague answer, a safe answer, to that dreaded question. However this time, taking a deep breath, I declared proudly, “I work in women’s reproductive healthcare. I am a business manager for offices that provide reproductive health care and we specialize in abortion care.” Huge sigh of relief.

Why I couldn’t just say this from the beginning was something that I had reflected on constantly since my job had transformed into a career. I was certainly not embarrassed about what I had chosen to do every day for a living. In fact, in direct contrast, I was (and am) proud to put my values in action working in a field about which I care deeply and for a cause I believe in, heart and soul. However, my beliefs regarding women’s healthcare did not form based on the field I work in, but rather from where I grew up.

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Protecting the Women Who Protect Our Freedoms: Reproductive Rights in the Military

Wednesday, June 16th, 2010

When a friend of mine got married a few years ago, we joked that she and her new husband should take every opportunity available to consummate their new marriage.  Our goal?  For her not to have to be deployed to Iraq.  As a member of the armed forces, we knew that if she got pregnant, she wouldn’t have to go and wouldn’t be placed in harm’s way.  What we didn’t consider was what getting pregnant would have cost her in advancing her military career.

Getting pregnant in the military is a difficult situation for our servicewomen for a multitude of reasons.  First, her pregnancy could get her court-marshaled and possibly discharged, depending on her commander’s policy, as evidenced by Maj. Gen. Anthony Cucolo’s policy in northern Iraq.  At the very least, she risks her ability to move up the ranks in a military system that is already difficult for women to ascend.  One of the options not currently available to a servicewoman is the ability to safely terminate her pregnancy while she is on a military base, either within the US borders, where abortions are legal, or in other countries, where access to abortion may be restricted by that country’s laws.  Because of restrictions in U.S. law, servicewomen are unable to go to military hospitals and have an abortion performed safely, even if it’s with their own money.  Until recently, these women even had difficulty with getting consistent access to emergency contraception, which had not been previously considered a medication important enough to be carried at all military facilities.  In essence, the very citizens protecting our freedoms against those who oppose the freedoms enjoyed by Americans, are unable to exercise a right they risk their lives to protect.

While there is currently new legislation being proposed that would allow for privately-funded abortions at military facilities, this situation is a reminder that access to abortion is only part of a larger framework of reproductive justice.

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Post Abortion Syndrome: Its Place in Abortion Education?

Tuesday, June 15th, 2010

When I was in high school, I distinctly remember a middle aged woman with a willowy figure, elegant posture, and shoulder length black hair come to our school to talk about Post Abortion Syndrome. My friends and I were sitting in our crowded auditorium, only vaguely listening at first, but as she spoke about the abortion she had in her early 20s, I was touched by her sadness. She said every October, she falls back into depression (that’s when she had the abortion) and year after year, whenever she went shopping, she would think about the daughter she lost when she saw little shoes or dresses for girls.

Today, I think this woman, while I feel concerned for her well-being, may have been mentally unstable and was in no position to come to our public high school to give a lecture. This was a scare tactic and at the time, it worked, because I thought PAS was a legitimate medical concern not usually voiced in the media. (more…)

CLPP Conference Report Back: Getting Reconnected to the Movement

Tuesday, April 13th, 2010

 

Having just returned from the 2010 CLPP conference, From Abortion to Rights to Social Justice:  Building the Movement for Reproductive Freedom, at Hampshire College this past weekend, my head is buzzing with new ideas, inspiring words, and the sense of being part of something much larger…a movement with an important history and a hopeful future—at least judging by the number of engaged young people attending and leading this major convening of reproductive justice activists.  Workshops, trainings, and plenary panels spread across three days covered a wide range of issues—including economic justice, racial equality, freedom from violence, immigrant rights, climate justice, health care reform, and LGBTQ rights—all of which inform our understandings of what true reproductive justice will look like.

 

One of the most powerful aspects of the experience for me was connecting with people who do RJ work in many different capacities—as grassroots organizers and educators, as medical professionals and professional activists, as college students and as parents.  Spending much of my time working with law students and lawyers, it’s all too easy to get used to speaking in certain ways and hearing the same kinds of voices in my daily conversations.  (more…)

Sexual Violence against Native American Women and the Denial of Reproductive Healthcare Services

Wednesday, March 10th, 2010

As I sat in the audience at Friday’s symposium on “Law, Gender & Citizenship: Contemporary Issues for American Indians and American Immigrants,” I was shocked by what I learned about the endemic sexual violence perpetrated against Native American women in the United States.  Data indicates that a minimum of one out of three Native American women has been the victim of sexual violence.  One of the speakers shared that in conducting her research she had yet to talk with a Native American woman who had not been the victim of sexual violence.  Research further shows that 80% of perpetrators of these crimes are non-Native American persons.  High rates of women being violently sexually assaulted by men not of her ethnic or racial group, like this, are the type of statistics I have come to associate with war zones rather than common life experiences. 

The violence perpetrated against Native American women, however, is only one of the many offenses carried out against them.  The U.S. government under the responsibilities assigned to Indian Health Services (HIS) is responsible for providing all health care services Native American Indians.  However, the U.S. government and IHS have failed to meet this mandate.  Native American Indians must often travel long distances to reach health facilities whose services are limited.  (more…)

Why am I the only 20-something in the room?

Thursday, March 4th, 2010

On January 1, 2010, I began a three-year service on the Board of Directors of Planned Parenthood of San Diego and Riverside Counties.  Last week, I experienced my first event as an official board member by attending the President’s Council Speaker Series at one of our local affiliates.  I was one of the first to arrive, and since I am new to the board, I only knew a handful of people.  However, I eventually found myself speaking with Dawn and Connie, two members of the community who feel incredibly committed to serving Planned Parenthood and its mission.  They recounted how they worked as volunteers for Planned Parenthood when they were in college in the 70’s and now that they are retired, they are feeling an urge to volunteer again.  These women were lovely to speak with; they were funny, intelligent, and passionate.  And then Dawn said, “Now tell me, Jenn.  Why are you the youngest person in this room?  Why aren’t more people your age here?”  I turned around and noticed that the reception area had filled with more than a hundred people in the time I had spent getting to know my new acquaintances . . . and they were right.  Aside from the Planned Parenthood staff, I was the youngest guest in attendance—it was easy to tell that everyone else was from a completely different generation.  And then it really hit me—why am I the only 20-something in this room?  Why aren’t my peers more represented?  Why aren’t more law students here? Aren’t law students interested in protecting “people’s rights”?

            Law students are busy.*  There’s no denying that.  And it can be difficult to motivate students to attend an event where there may not be many lawyers present.  But women (and men) worked hard to gain the rights my generation often takes for granted.  We forget that there was a time when our mothers and grandmothers couldn’t walk into their nearest health clinic and walk out with a year supply of birth control, no questions asked.  Many of us may enjoy certain rights today, but that doesn’t mean those rights aren’t limited for many people out there or can be taken away from the rest of us.  There are people out there actively opposing us and trying to limit our rights . . . especially our right to control our reproductive freedom.  I shouldn’t be the only 20-something in a room full of reproductive rights advocates and supporters.  I urge those of you who want to get more involved but haven’t been able to find the time, to make the time. 

 

*I realize that people may read this who are not law students.  However, this is the lens I am applying since I am a law student, surrounded on a daily basis by other law students.

 

Jenn Kish

 

From Page to Practice: Reclaiming Values and Morality

Friday, February 5th, 2010

“Reproductive rights” is a legal term. When a woman is making a decision about abortion, she’s not making a legal decision - she’s making a personal, moral decision that involves matters close to her heart - her religious beliefs, moral values, and life circumstances. Yet this is rarely recognized in legal and policy work, and that is having an adverse effect on efforts to preserve support for legal abortion. To claim or reclaim the language of values and morality in a positive way, we have to recognize that reproductive and sexual issues are primarily personal and begin to use moral - as opposed to rights - language when appropriate and sincere.

A decision about abortion is a moral decision in another sense: it can be more ethical - or more moral - to terminate an unwanted pregnancy than to continue it, for a host of reasons, including severe family conflict, the needs of other children, and a woman’s or family’s ability to care for another child.   (more…)

From Page to Practice: How Thinking Like Pro-Choice Lawyers Can Win the Battle and Lose the War

Friday, February 5th, 2010

 

I founded National Advocates for Pregnant Women (NAPW) in order to do cross–issue work. Having had the privilege of working in many of the main-stream pro-choice organizations and having worked extensively with the founders and leaders of the Reproductive Justice Movement, I came to the conclusion that women’s reproductive rights and health would never be secure if the focus of our legal work remained on the defense of abortion rather than on the women who have them. Women’s lives are not just influenced by whether or not they can end a pregnancy, but also by all of the political, economic, and social conditions that enhance or limit their ability to be full and equal participants in society. I also became clear to me that the mainstream pro-choice movement was missing an extraordinary number of opportunities to build alliances and strength across issues.

 

As a result, NAPW has worked to build bridges between reproductive rights and drug policy reform advocates, identifying shared interests and the strong relationship between the war on abortion and the war on drugs. NAPW has also taken the lead in building bridges between those who defend the right to choose abortion and those who defend the rights of pregnant women at all stages of pregnancy, including during labor and delivery. NAPW believes that “Birth Justice” must be fully part of the definition and agenda of the Reproductive Justice Movement.  In this post, however, I want to focus on one case and one example of how failure to do cross-issue, multi-strategy work undermines the effort to defend Roe v. Wade, and more importantly, the women who become pregnant and sometimes have abortions. (more…)

From Page to Practice: Abortion Liberalization: Transnational Legal Advocacy across a Procedure-Substance Divide

Friday, February 5th, 2010

 

Procedure and substance are well-acknowledged to be elusive categories in law. Procedure shades off into substance, such that their divide is not discoverable by mere logic or reason. It is a divide drawn to carry out a purpose.[1] This acknowledgement does not deprive the divide of meaning. It redirects the inquiry. Rather than ask on what side a set of facts falls, we ask: why categorize as procedure or substance? What is both the purpose and effect of drawing the divide?

 

A procedure-substance divide in abortion liberalization can be traced to the 1994 U.N. International Conference on Population and Development (ICPD) and its Programme of Action.[2] The ICPD was an intergovernmental meeting under the auspices of the United Nations, where abortion was first recognized as a matter of concern for the transnational collective. To be particular, unsafe abortion was the subject of concern. Following much controversy and prolonged debate, governments and other participants agreed to address “the health impact of unsafe abortion as a major public health concern.”[3] Unsafe abortion is pregnancy termination undertaken by persons without necessary skills or in an environment that fails minimum medical standards, or both.[4] Unsafe abortion is a major cause of maternal mortality and morbidity in developing countries. Every year an estimated seventy thousand women die and millions more suffer with complications from unsafe abortion.[5] Controversy stemmed from the legality of abortion. Regardless of modifier, safe or unsafe, abortion is a criminal offence under penal code or other statute in the vast majority of the world. (more…)

From Page to Practice: International Human Rights Law in the Struggle for Reproductive Justice in Latin America

Friday, February 5th, 2010

Reproductive justice remains an unfulfilled promise for Latin American (LA) women. This is particularly the case with regard to abortion. With the exception of Mexico City and Puerto Rico, the region’s laws still embrace either a model of total criminalization (i.e., Chile, Nicaragua or El Salvador) or variations of a hardly accessible model of indications (i.e., Argentina, Brazil, Colombia or Peru). Moreover, irrespectively of the regulatory approach adopted, LA abortion laws share at least two traits: (a) they are largely non-complied with by women forced to resort to backstreet abortions in significant numbers; and (b) they are extensively unenforced both from the point of view of criminal prosecution and from the perspective of the duty to provide legal abortion services when indications are the rule. Another common characteristic of the region’s abortion rules is the stability of the practices of noncompliance and under-enforcement. A stability that has endured the transitions to democracy underwent by a majority of LA countries since the 1980s. As it has proved to be the case with other women rights issues during such transitions, in Latin America, democratization did not equal liberalization.

 

Faced with the reluctance to embark or even address abortion law reform by politicians and players from all sides in the ideological spectrum, LA feminists turned to international human rights law in search of another tool to promote a liberalizing reinterpretation of domestic laws. Indeed, in the years following the UN Conferences in Vienna, El Cairo and Beijing, feminists increasingly began to explore alternative uses of what was then slowly becoming a more woman friendly international human rights law with respect to many issues, reproductive rights among them. As part of this shift, feminist organizations timidly began to bring cases to international forums. Such feminist move towards international law in the quest for reproductive justice reforms took place in a context in which the internalization of international human rights had achieved some potential and where transnational networks of activists were successfully building a common legal language.

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