Violations of women’s sexual and reproductive health and rights are frequent all over the world. Women’s sexual and reproductive health is related to multiple human rights. The term ‘rights-based’ has become increasingly linked to the concept of a more comprehensive approach to sexual and reproductive rights of women around the globe. The rights-based perspective is derived from the treaties, pacts and other international commitments that recognize and reinforce human (...) class='Hi'>rights, including the sexual and reproductive rights of women. We conducted an extensive review of the guidelines, frameworks, research reports and published articles that have been cited as informing the rights-based approach. The findings of the review highlights what is meant by sexual and reproductive health and rights by the stakeholders, why this matter is important, and what can be done. It demands more partnerships with human rights, women’s and other civil society organizations, increased number of successful national policies, initiatives and/or legislative changes, increased budget and other resources at national and/or local community level, mass communication and engagement of men to promote and advance women’s sexual and reproductive health and rights. Achievement of gender equality is very crucial, because it is a human right that advances women’s empowerment; and is interlinked with sexual and reproductive health and rights. (shrink)

This article focuses on the epistemic transition to testimonial justice. It argues that the recognition of testimonial injustice in the context of reproductive rights may play a central role in this transition. First, I show how testimonial injustice undermines women’s legal protection against sexual violence and rights triggered by it such as the right to abortion. Second, I argue that the epistemic transition initiated by the #MeToo and #YoSiTeCreo movements call for transitional justice. In support, I (...) review the circumstances of transitional justice for cases like the transition to testimonial justice. Finally, I focus on the area of reproductive rights. I argue that policies of recognition contribute to epistemic transitional justice and complement other strategies aimed to overcome testimonial injustice such as the virtue of the responsible hearer and institutional compensatory virtues. (shrink)

This article explores how cross-cultural research on sexual and reproductive rights can be vulnerable to ethnocentrism, and in what way ethnocentrism can be reduced in such research. Against the background of feminist debate on equality and difference, it discusses how the concepts of sexual and reproductive rights, within the parameters of development discourse, can reinforce hierarchical dichotomies of North–South, modern–traditional and actor–structure, and undervalue southern women's agency. An analytical framework that combines the entitlement approach (...) and the three-dimensional model of gender is proposed to diminish ethnocentrism and counter homogenization and generalization. This framework aims at balancing agency, actor and structure, and allowing for differences, heterogeneity and contradictions. (shrink)

The origins of choice -- The reproductive rights debate that ignored reproduction -- Putting reproduction back into reproductive freedom -- Reproductive freedom and human evolution -- Enlisting men in support of reproductive freedom -- Defending reproductive freedom from the dangers of reproductive technology -- Ought there be a law? -- Beyond choice.

The years since the rise of gay liberation in 1969 have seen remarkable changes in the realm of sexuality. Lesbians and gay men have won important rights and attained a cultural visibility that would have been impossible to imagine even thirty years ago. Yet these rights are limited, and apply only to specific sections of those who face exclusion, discrimination or violence on the basis of their queerness in the realm of gender and/or sexuality.

The International Covenant on Economic, Social and Cultural Rights was signed by Turkey in 2000 and has been in force since September 23rd, 2003. For this reason, the Covenant is considered as act of parliament in our domestic law, and unlike the general procedure of application of the law, it can not be alleged to contradict the Constitution (According to Article 90 of the Turkish Constitution). The article 12 of the Covenant defines the right to health and its content. (...) In the article 12 of the Covenant, in its General Comment No. 14 published in 2000, the right to the highest attainable standard of health was interpreted and commented upon. This document contains a detailed description of the right to health, its content, and its obligations to State parties. Although this Comment of the Covenant is not binding, it is a document to which the State parties refer when taking measures related to health services. Every publication and comment on the right to health was based on the General Comment 14 of the Covenant. The Article 12 was reinterpreted by the Covenant on May 2nd, 2016 in the context of rights to sexual and reproductive health. İit has been emphasized that legal, procedural, practical and social barriers limit the access of individuals to full range sexual and reproductive health services. It has also been pointed out that accessibility of sexual and reproductive health services is a distant target for women and girls. Moreover, it has been stated that discrimination that increases exclusion in legislation and practice limits lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals and disabled people'senjoyment of sexual and reproductive health rights. For this reason, it is stated that although commenting on the rights of sexual health and reproductive health is included in 14 comments, it is important to make an interpretation about them. This comment is an interpretation of a binding Convention. Therefore; It is a document that will provide guidance on measures to be taken by States Parties in respect of their rights to sexual health and reproductive health. At the same time, obstacles to discrimination in medical practice bring important approaches in terms of respect for autonomy and respect for private life. In our article, information about the content of the ESKHK's interpretation and possible reflections of this content in the field of medical law and ethics will be given. (shrink)

The World Conference on Human Rights that was held in Vienna in 1993, marked an important beginning in the recognition of reproductive and sexual rights as human rights. Among other goals, the Vienna Conference sought to end gender discrimination in all its manifestations; gender-based violence, sexual harassment, and sexual exploitation. However, the turning point for the development of reproductive and sexual rights was the consensus that emanated from the International Conference (...) on Population and Development held in Cairo in 1994, and the Fourth World Conference on Women in held in Beijing 1995 as evidenced by the programs for action that were adopted.The Cairo Conference defined reproductive health as “a state of complete physical, mental and social well-being and not merely the absence of infirmity, in all matters relating to the reproductive system and to its functions and processes.”. (shrink)

Fertility clinicians participate in non-sexual reproductive projects by providing assisted reproductive technology (ART) to those hoping to reproduce, in support of their reproductive goals. In most countries where ART is available, the state regulates ART as a form of medical treatment. The predominant position in the reproductive rights literature frames the clinician’s role as medical technician, and the state as a third party with limited rights to interfere. These roles broadly align with established (...) functions of clinician and state in Western liberal democracies, where doctors have duties to provide safe, beneficial and legal healthcare to all who seek it. Recognised state responsibilities include safeguarding equitable access to medical services and protecting and promoting reproductive liberty.I argue against this normative moral framing of clinician and state involvement in non-sexual reproduction, suggesting that clinician and state join the non-sexual reproductive project at the point of triggering conception. Begetting a child is more than just the provision and regulation of healthcare; it generates rights and confers responsibilities on all who join this morally significant project. All who collaborate have the right to join or refuse to join the project. I suggest this is intuitively understood in the sexual realm, but not in the non-sexual realm. My key substantive claim is that non-sexual reproduction is a pluralist pursuit that morally implicates more than the genetic and gestational contributors. I find that while the moral basis of a clinician or the state’s right to refuse to join the ART project is the same as for those providing gestational or genetic input, the reasons that morally underpin their refusal differs. (shrink)

The reproductive justice framework shifted understandings and analyses of reproductive oppression beyond individual ‘choice’ by incorporating analyses of structural injustice, racism, and social and economic concerns. In this article, we build on understandings of the reproductive justice framework by integrating a postcolonial lens and bring the powerful conceptual tools of postcolonial feminist theory to bear on issues of reproductive oppression in India. We articulate the elements of such a postcolonial lens—the transnational operation of race, Orientalism, the (...) subjective experience of colonialism as well as the role of the nation-state and nationalism in shaping reproductive lives—and demonstrate how these elements, along with religion, caste, and right-wing Hindu fundamentalism, structure reproductive oppression in India. Through our discussion of the issues of sterilization, sex-selective abortion, and commercial surrogacy in India we reveal how the underlying coloniality of Malthusian ideas of controlling population to reduce poverty, Orientalist and racist tropes of moral and intellectual inferiority and sexual licentiousness, and the Orientalist and colonial framing of the “East” as backward, uncivilized, and dependent clearly shape reproductive issues in India. Offering a nuanced analysis of the heterogeneity of reproductive oppression within India, our discussion brings reproductive justice into conversation with a feminist postcolonial perspective to foreground the continued impact of colonialism, neo-colonialism, and settler colonialism on reproductive oppression. (shrink)

In this dissertation, I have analyzed some of the problems associated with male reproduction. I discuss basic notions regarding the origin of parental rights concluding that whatever rights parents have regarding their children arise because of the biological connection between the parents and child. A biological parent has prima facie rights to his child because that parent has property-type rights to his own body. ;I suggest that parental responsibilities automatically incur whenever the conception of a child (...) is intentional or voluntary, or when conception is the result of negligent or reckless sexual activity. Only when procreation is involuntary does automatically delegating parental responsibilities to a male seem morally problematic. The category of acts which would constitute involuntary procreation, however, is very narrow. ;I discuss morally problematic issues that arise when a child is born against the wishes of the male progenitor. Focusing specifically on the issue of child support, I conclude that the father should have some responsibility for the support of the child. The only time for which the imposition of parental responsibilities upon a reluctant father is morally questionable would involve the fraudulent misrepresentation of the female regarding her use of contraceptives, combined with some affirmative action by her to undermine the male's attempted effort at contraception. ;Finally, I discuss the moral and legal implications of a woman's decision to obtain an abortion against the wishes of the potential father. I conclude that her abortion could seriously harm the male's procreation interests. But, given the vital role women have in the reproductive process, women should possess rights superior to those males might possess. The evolution of reproductive technology, however, has made these greater rights a contingent fact. (shrink)

Whilst the choice of becoming a parent in the natural way is unregulated all over Europe (and proposals of regulation raise vehement objections), most European countries have (either legal or professional) regulations imposing criteria that people must satisfy if they wish to gain access to assisted reproduction and parenting. These criteria may include relationship status, age, sexual orientation, financial stability, health, and willingness to attend parenting classes. The existence of regulations in this area is largely accepted, and the objections (...) raised usually concern the suitability of specific criteria rather than the legitimacy of imposing criteria at all. The inequality (if unsupported) could be solved by requiring both prospective natural and assisted parents to satisfy the same criteria (with some qualifications specified below) and, more importantly, to be subject to the same degree of monitoring, regardless of the way in which they became parents. Often people argue that proposals to regulate natural reproduction revive dreaded eugenic policies of the past, and that their implementation would violate some of our most cherished interests and rights: in particular the interest in becoming a parent and the right to reproduction and parenting. However, the same interests and rights are not equally safeguarded when one needs assistance to become a parent, and proposals to reduce the extent to which prospective parents requiring assistance are scrutinized are unpopular. In this paper we challenge the alleged justification of the current practices, and we show that there are serious inconsistencies in the treatment of, respectively, people who become parents naturally and people who require assistance to become parents. Thus, we propose that regulation of reproduction and parenting be revised in such a way as to eliminate the inconsistencies. (shrink)

Claims concerning the death of the nation-state are often accompanied by postnationalist arguments that emphasize the potential of human rights to contest nation-bounded conceptualizations of membership. Conversely, arguments focusing on the continuing importance of state-bounded social citizenship rights undermine such postnationalist claims. To assess these claims, this article turns to the Irish state and its prohibition of abortion except in cases where the life of the pregnant woman is in danger. The authors focus their analysis on four legal (...) cases that unfolded between 1992 and 2010. These cases reflect how specific women’s social location within interconnected power hierarchies of nationality, gender, class, race/ethnicity positioned them differently vis-a-vis the Irish state, international and supranational bodies. Furthermore, the transnational, in the form of immigration, non-governmental organizations and the Catholic Church, plays an important role in structuring the context within which these cases unfold. Rather than showing that the international, supranational and transnational are conduits for the declining power of the nation-state, this article finds that in the increasingly dense legal-political field there is room for all of these forces. (shrink)

The U.S. Supreme Court declared procreation to be a fundamental right in the early twentieth century in a case involving Oklahoma's Habitual Criminal Sterilization Act, an act that permitted unconsented sterilization of individuals convicted of certain crimes. The right that the Court articulated in that case is a negative right: it requires that the government not place unjustified roadblocks in the way of people seeking to procreate, but it does not require the government to take positive steps to help people (...) procreate if they wish to. I argue that a positive legal right is morally necessary in the United States, given the profound significance of procreation, the current barriers to access to care, and the related issues of individual and societal justice. I assume at the outset that the right to procreate should be expansive enough to include a right to noncoital reproduction. The absence of a positive right to procreate reflects not just constitutional tradition but also a governmental and societal commitment to a longstanding set of reproductive hierarchies by which those who fall outside of the traditional framing of family too frequently find their procreative dreams hindered. Reconceiving procreative rights to include a positive right would create greater opportunities to argue and lobby for increased access to technologies that are out of reach for many. (shrink)

Backlashing is a perennial challenge for human rights. Its manifestation in various forms including the repudiation of human rights standards or resistance to being evaluated by them has made the phenomena central to the discourses on human rights. The backlash or reversal of progress, a strong negative reaction, and counter reactions have been witnessed in various settings across the world. An analysis of the phenomena what can be called the backlash analysis is done in light of specific (...) rights like LGBT rights, women’s sexual and reproductive freedom, rights of immigrants and ethnic and religious minorities. The analysis also covers the behaviour of institutions and movements. The backlashers have been identified as state institutions, a group of states, movements and non-state actors. With growing attention on the subject, it is of great value to ascertain whether there a way to comprehensively understand it? (shrink)

Scientific and technological innovations have increasingly enabled humans to overcome biological limitations. Assisted reproductive technologies (ARTs), for instance, offer persons facing medical or social barriers to parenthood the opportunity to realise their dream of building a family. However, in many African Anglophone countries, persons who are socially infertile—gay and single persons—are legally excluded from accessing ARTs to build their families. Relying on reproductive rights to argue against these inhibitive legal provisions may offer some hope, but reproductive (...) rights are often narrowly interpreted to apply only to natural reproduction, excluding ARTs. This paper addresses this gap by exploring the possibility of relying on the right to benefit from scientific progress as a basis for challenging the inhibitive legal provisions. The right to benefit from scientific progress seems promising, as it is widely recognised in international human rights instruments and clearly encompasses ARTs as a scientific advancement. The right could therefore be essential in expanding access to ARTs for socially infertile persons in Africa. (shrink)

This paper aims to argue for the thesis that it is not a priori morally justified that the first phase of space colonisation is based on sexual reproduction. We ground this position on the argument that, at least in the first colonisation settlements, those born in space may not have a good chance of having a good life. This problem does not depend on the fact that life on another planet would have to deal with issues such as solar (...) radiation or with the decrease or entire absence of the force of gravity. These issues could plausibly be addressed given that the planets or settlements we will feasibly colonise could be completely transformed through geoengineering processes. Likewise, the ability of humans to live in space could be enhanced through genetic modification interventions. Even if, however, the problems concerning survival in space were solved, we think that, at least in the first period of colonisation of space or other planets, giving birth to children in space could be a morally irresponsible choice since we argue, the life we ​​could give them might not be good enough. We contend that this is the case since when we decide to have a baby. We argue that it is not morally right to be content that our children have a minimally sufficient life worth living; before we give birth to children in space, we should make sure we can give them a reasonable chance of having a good life. This principle applies both on Earth - at least where you can choose - and for space travel. (shrink)

The way health is conceptualized determines the actions taken to protect and promote it and, in turn, the actors responsible for such actions in an increasingly inter-dependent world. This essay presents a brief description of health policies in Peru during the last ten years in order to analyze the implications of paradigms of medical ethics, human rights and quality of care. These paradigms offer distinct ways of formulating, applying and evaluating health policies and understanding the relationship among different actors (...) at various levels. Building upon other detailed analyses of sexual and reproductive health policy in Peru (Coe, 2004; Miranda and Yamin, 2004), as well as critical appraisals of health services models (Gericke, Kurowski, Ranson and Mills, 2005; Krieger, Northridge, Gruskin, Quinn, Kriebel, Davey Smith, Bassett, Rehkopf and Miller, 2003), this article advocates the importance of construing and promoting health as a human right. (shrink)

After years of progress in terms of gender and sexual rights, since 2012 Europe is facing a so-called gender backlash – opposition directed to issues related to reproductive policies and abortion, violence against women, lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) rights and gay marriages, gender mainstreaming and sex education at schools as well as antidiscrimination policies. In this article, firstly, by taking the anti-gender developments as point of reference, I examine the emergence of anti-gender (...) movement in Europe via the use of what I call troll science. Troll science is based on (distorted) scientific arguments moulded into populist discourse, creating an alternative narrative on the conceptions of gender equality. Similar to troll accounts posting provocative, superfluous and even off-topic messages on social media to start arguments and quarrels aiming to distract, troll science, I argue, creates an alternative narrative opposing the scientific facts and discourses (i.e. climate change, evolution, vaccination and gender theory). Later, I discuss the emerging conservative troll-scientific discourses and the gendered public normative order of Adalet ve Kalkinma Partisi (AKP; Justice and Development Party) government, under the New Turkey. I previously argued that New Turkey and the society under the party’s rule perpetuated by a new set of standards create an alternative narrative on the conceptions of gender equality through troll-science narratives. I concluded by showing how such ideological discourses help create emotional echo chambers – enabling its fast distribution and acceptance by the ideologically conservative groups. Contribution: This paper contributes to the Special Collection Gender Justice, Health and Human Development with the theory of troll-science it introduces to discuss the alternative and anti-gender scientific discourse that is dominating academia. (shrink)

Feminist philosophical writing on sexuality is both concentrated in specific areas and dispersed throughout feminist philosophy. This is because feminist philosophers usually incorporate in their writing some notion of what sexuality is and its relevance to women's social oppression and liberatory projects. Feminist thinking on sexuality can also be found in many writings on sexual violence, reproductive and erotic rights, sexual ethics, sexual politics, sexual law, sexual harassment, sexual deviance, sexual practices, (...) sexual commerce, sexual identity, and sexual pleasure. Additionally, feminist thinking on sexuality appears in the critical rethinking of biological and social sciences and in a variety of new discourses seeking their interdisciplinary homes in women's studies, gender studies, queer theory, and cultural studies. To carve out from all of this a domain of feminist philosophical work on sexuality seems difficult if not perilous. (shrink)

As the HIV epidemic continues to grow worldwide, women are increasingly and disproportionally affected. With the introduction of anti-retroviral medications that have been found to effectively prevent perinatal transmission of HIV, the approach to HIV testing in pregnant women has grown increasingly more controversial. In recent years, the model of voluntary counseling and testing (VCT) has come into question with opt-out testing now advocated for by the Centers for Disease Control and occurring widely in pregnancy. The benefits of opt-out testing (...) are numerous and may justify its use in replacing the VCT that many have come to see as insufficient. An ethical analysis of opt-out testing suggests it may be at odds with true informed consent and involve a degree of coercion that would not be allowed outside the prenatal setting. If opt-out testing is going to remain the standard of care then the ethical issues it raises must be made transparent. Strategies need to be designed for ensuring that HIV counseling and testing in pregnancy is done in accordance with ethical and reproductive rights principles. (shrink)

A woman’s lack of or limited reproductive autonomy could lead to adverse health effects, feeling of being inferior, and above all being unable to adequately care for her children. Little is known about the reproductive autonomy of married Ikwerre women of Rivers State, Nigeria. This study demonstrates how Ikwerre women understand the terms autonomy and reproductive rights and what affects the exercise of these rights. An exploratory research design was employed for this study. A semi-structured (...) interview schedule was used to conduct thirty-four in-depth interviews and six focus group discussions with purposively sampled educated, semi-educated, and uneducated Ikwerre women in monogamous or polygynous marriages. The collected data was analysed qualitatively with MAXQDA 11 using open and axial coding. The interviews and focus group responses reveal a low level of awareness of autonomy and reproductive rights amongst the Ikwerre women in Nigeria. While some educated women were aware of their reproductive rights, cultural practices were reported to limit the exercise of these rights. Participants reported that Ikwerre culture is a patriarchal one where married women are expected to submit and obey their husbands in all matters; and a good married woman according to Ikwerre standard is one who complies with this culture. Women’s refusal of sexual advances from their husbands is described as not being acceptable in this culture; and hence rape in marriage is not recognized in Ikwerre culture. Education and awareness creation on the importance of women’s reproductive autonomy could improve their reproductive rights and autonomy in marital settings. Overcoming the patriarchal aspects of Ikwerre culture—for example, the greater value placed on male children than female children and treating women as incompetent individuals—is necessary to promote gender equality as well as help improve women’s reproductive autonomy. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are (...) also at stake. I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

Despite their purported demographic and institutional decline, White evangelical voters were instrumental in the election of Donald Trump in 2016, and even more so in his 2020 loss. The story of Trump’s electoral successes among Christian voters in the last two elections is in large part the story of religious nationalism—and White Christian nationalism in particular—because Trump personifies the convergence of nationalism-infused forms of messianism and apocalypticism intrinsic to White evangelicalism, which culminate in QAnon cultic ideology. However, these same ethnoreligious/nationalist (...) patterns and logics extend much further back than Trump’s insurgent candidacy. This chapter traces the recurring, resurgent patterns of “zombie nationalism” among White evangelical Christians in the United States over the last half century that emerged in response to periods of significant societal change and certain recurring sociopolitical issues. In particular, alongside established elective affinities around ethnicity (whiteness) and religion (Christianity), this chapter makes the case for incorporating gender and sexual politics as key factors in the articulation and legitimation of religious nationalism in the United States. White Christian nationalism tends to reemerge as a salient political force during periods of rapid social change and diversification, driven by racialized religious grievances symptomatic of Nietzsche’s concept of ressentiment, or the paradoxical internalization and reprojection of a person’s or group’s perceived endangerment, victimhood, and/or suffering, in order to gain power. Drawing on examples of marriage equality and reproductive rights, this chapter demonstrates how an understanding of sexual politics is key to both apprehending and breaking the cyclical reanimation of White Christian nationalism. Escaping the nihilistic impulses driving these cycles will require White evangelicals to develop new hermeneutical tools capable of transforming the exclusionary patterns of racism, ethnocentrism, heteronormativity, and patriarchy that fuel the engine of ressentiment animating zombie nationalism. (shrink)

The loss of the federally protected constitutional right to an abortion is a threat to the already tenuous autonomy of pregnant people, and may augur future challenges to their right to refuse unwanted obstetric interventions. Even before Roe’s demise, pregnancy led to constraints on autonomy evidenced by clinician-led legal incursions against patients who refused obstetric interventions. In Dobbs v. Jackson Women’s Health Organization, the Supreme Court found that the right to liberty espoused in the Constitution does not extend to a (...) pregnant person’s right to an abortion. With Roe’s demise, the right to request specific types of care has been vitiated. The same argument underpinning that holding may now become ballast for attacks on the traditionally more robust right, the right to refuse. Here we discuss how the elevation of fetal and embryonic rights may lead to a cascade of medical intrusions and deprivations of liberty against pregnant persons, and offer an argument opposing these improprieties. (shrink)

Novel forms of assisted gestation—uterus transplantation and artificial placentas—are highly anticipated in the ethico‐legal literature for their capacity to enhance reproductive autonomy. There are also, however, significant challenges anticipated in the development of novel forms of assisted gestation. While there is a normative exploration of these challenges in the literature, there has not yet, to my knowledge, been empirical research undertaken to explore what reproductive rights organisations and advocates identify as potential benefits and challenges. This perspective is (...) invaluable. These organisations/individuals have an awareness not only of the needs of individuals but also of the political landscape in which regulatory decisions are made and which individuals navigate when seeking reproductive assistance. In this study, data was generated from two semi‐structured focus groups (n = 11). Reflective thematic analysis was used to examine the views raised by study participants in these focus groups. This paper explores two of the themes constructed in the data. First, the equality‐enhancing potential of assisted gestation exploring the multifaceted ways in which assisted gestation has structural benefits for marginalised groups. Second, realising the equality‐enhancing potential of assisted gestation explores the intersecting barriers to access to reproductive technologies and how they may impede the benefits of these technologies in practice. These results can enhance conceptual understanding of the importance of novel forms of assisted gestation and ensure that attention is paid to practical barriers in further normative research. (shrink)

In their article, ‘The Two Front War on Reproductive Rights,’ Minkoff, Vullikanti, and Marshall (2024) highlight the challenges faced by pregnant persons following the overturn of Roe v. Wade (Dobb...

This paper interrogates the status of the Malthusian couple and the policing and government of reproduction in the first volume of Foucault's History of Sexuality, Volume I ( HS1), and the associated Collège de France lectures. Presented by Foucault as one of the four ‘strategic ensembles’ of the 18th century through which knowledge and power became centered on sex, what Foucault calls the socialization of procreative sexuality ( HS1: 104) also constitutes a largely invisible hinge between the trajectories in HS1: (...) biopolitics (vector of governmentality, management, administration and intensification of life) and sex (vector through which the repressive hypothesis is rejected). Particularly because it is one of the least discussed figures in Foucauldian commentary, my argument is that a reading of HS1 through the prism of its Malthusian couple produces unexpected results. A text that can be interpreted from the perspective of (a) its debate with psychoanalysis, or (b) its potential debate with those for whom sexual rights belong to a sexual subject, or (c) its status as a watershed text for biopolitical theory, enters into a fourth dialogue with the history of reproduction as politicized and biopoliticized, a problematic to date taken up most directly by Ann Stoler in Race and the Education of Desire. This allows for a revisiting of the complex relationship between the vectors of ‘sex’ and ‘life’ in HS1. Although reproductive sex, and reproductive life, are not the themes of the strongest importance in HS1, they serve as the invisible hinge at the interface of biopolitics and sex in HS1. Considering the status of reproductive life from this perspective becomes a departure point for reconsidering the reproductive woman, in her historical role as part of the problematized Malthusian couple and at the intersection of biopolitics and thanatopolitics. (shrink)

We explore what it means to promote healthy sexuality for incarcerated women. We report upon the experiences of ten inmates in the Female Central Penitentiary of Santiago, Chile, regarding their sexuality within prison. We used a qualitative, descriptive research approach. Individual and semistructured interviews were conducted with women from different sections of the prison over a 2‐month period. Participants highlighted the site for conjugal visits, the Venusterio, as a place of privacy and sexual expression between couples from outside prison. (...) Motivated by loneliness, need of protection, and desire for affection, participants enacted alternate gender and sexual identities and sexual orientation. Some previously heterosexual women became ‘machos’, women taking on dominant masculine identities. Women found a paradoxical freedom to express a malleable and fluid sexual identity, an identity that might not go outside the prison. Informed by Judith Butler's idea of performativity, we argue that women could enact both different gender and sexual identities in search of satisfying their affective and erotic desires while under the duress of incarceration. The findings suggest a need for a more fluid understanding of gender and sexuality, especially for those midwives and nurses who strive to promote sexual health, not only reproductive health. (shrink)

In this late story, Truman Capote celebrates a peculiar form of object relations to expand definitions of sexuality beyond conventional identity categories and thus suggest a more expansive model of social inclusion and civil rights. Building on work in animal studies, queer theory, and the new materialities, I argue that the literalism of these object relations decenters the human and reimagines a wider ethics of belonging. The story describes an elderly widow who keeps all of her deceased cats in (...) a freezer because she cannot bear to be parted from them. Although the story prepares us to expect that the frozen cats could be symbols or surrogates for her dead husband, it becomes clear that she loves her cats literally as cats and nothing more. Capote pushes us to acknowledge and accept this love for her cats just as it is. And by doing so, he invites us to imagine a more hospitable world in which we accommodate other kinds of object-choice beyond the confines of heterosexual marriage, including but certainly not limited to his own homosexuality. (shrink)

The pelvic exam is used to assess the health of female reproductive organs and so involves digital penetration by a physician. However, it is common practice for medical students to acquire experience in administering pelvic exams by performing them on unconscious patients without prior authorization. In this article, we argue that such unauthorized pelvic exams (UPEs) are sexual assault. Our argument is simple: in any other circumstance, unauthorized digital penetration amounts to sexual assault. Since there are no (...) morally significant differences between UPEs and other instances of digital penetration, UPEs are sexual assault. So, insofar as one is against sexual assault, one should be against UPEs. (shrink)

This article considers the objection to abortion that a woman who voluntarily engages in sexual activity is responsible for her fetus and so cannot have an abortion. The conclusion argued for is that the conceptions of responsibility that can ground the objection that are considered do not necessitate a requirement on the part of a pregnant woman to carry her pregnancy to term. Thus, the iterations of the responsibility objection presented cannot be used to curtail reproductive choice.

This article traces opposition to women's contraceptive rights moving from the role of St Augustine and Thomas Aquinas to the modern day role of the Vatican. Traditional views of women and sexuality have been challenged by modern feminism but Catholicism is still pursuing a global crusade against abortion, birth control, and redefinitions of the family that might include homosexual couples. This means opposing sex education curricula and opposition to state funding for family planning assistance. But the Catholic crusades against (...) women's reproductive rights have generated rebellion among some Catholics worldwide. This is led by Catholics for a Free Choice and the SeeChange campaign. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Liberating Sexuality: Justice Between the Sheets by Miguel A. De La TorreSimeiqi HeLiberating Sexuality: Justice Between the Sheets Miguel A. De La Torre SAINT LOUIS: CHALICE PRESS, 2016. 232 pp. $27.99What lies at the heart of Miguel De La Torre's provocative and refreshing collection of essays Liberating Sexuality is his lifelong commitment to a justice-based society. He is deeply concerned with "how oppressive social structures, [End Page 191] (...) rooted in a two-thousand-year-old misunderstanding of Christian sexuality, prevent us from a more just social order" (vii).De La Torre rigorously engages with the biblical literature and considers it a vital ground for ethical reflection. He first returns to Genesis and successfully argues that "God blesses sex and declares it good" (4). He closely examines the story of the first man and woman and proposes the concept of "cleave to" in Genesis 2:24–25 as the guiding definition for a healthy marriage in our modern society. By revisiting and creatively retelling the stories of women in the Bible—Lot's wife, Sarah, Dinah, Rebekah, and Tamar—he restores the humanity and dignity of women and calls for our responsibility to dismantle the patriarchal structures that foster sexual abuse. He also provides alternative interpretations of the troubling biblical texts for LGBTQ communities to consider. After thoroughly surveying the biblical justification of patriarchy and the subjugation of women in the Hebrew Bible, he proposes that "the entire Bible should be read through the lens of the Gospel message, specifically passages like John 10:10" (13). Though a creative attempt to liberate the sacred text from oppression, this approach requires caution, as there may be possible anti-Semitic ramifications for reading the Hebrew Bible through a New Testament lens.One of the major contributions of De La Torre to the field of sexual ethics is the proposal of "orthoeros" through a liberative method that seriously considers liberation theology and goes beyond the inadequate approaches of both conservatives' sexual legalism and liberals' permissiveness toward sexual ethics. "Orthoeros" promotes a "familial relationship based on mutual giving and vulnerability" (21) and is made up of five biblically based principles: safe, consensual, faithful, mutually pleasing, and intimate.As an ethicist who is invested in the public discourse, De La Torre actively and boldly engages with issues of various sexual practices. He critiques Fifty Shades of Grey and envisions an ethical, Christian-based sadomasochism by employing "orthoeros" principles. He also examines the historical reasons against masturbation and argues for its constructive role in the sexuality of Christians.Deeply disturbed by the prevailing injustice that corrupts our society, De La Torre focuses much of the volume on exposing the sources and the detrimental effects of sexism, heterosexism, and racism. He reveals misogynist legislation by mapping out the "war on women," specifically the issues of equal pay, rape, reproduction rights, and global sexism. He reflects on his own "sin of heterosexuality" of being a macho man, conquering, and celebrating cojones. He also examines the Euro-American history of owning black bodies and critiques the stereotyping of Latino bodies in Hollywood.Another major contribution of De La Torre is the indecent approach to justice-based praxis—an ethics para joder—that "screws" with the prevailing power structures by utilizing a nonviolent survival strategy based on love, designed to liberate the abused and the abusers from the death-dealing social structure. [End Page 192]Liberating Sexuality, situated at the intersection between Christian ethics, biblical hermeneutics, and cultural studies, is a successful interdisciplinary endeavor. The essays gathered here remain highly engaged with the public reality and should benefit both general readers and scholars. Furthermore, this volume provides much-needed guidance on how a sexual ethics should be implemented and is, hence, a vital resource for those engaged in the practices of ministry.Simeiqi HeDrew UniversityCopyright © 2018 Society of Christian Ethics... (shrink)

This essay sets down three directives for conscientiously objecting clinicians—physicians, particularly obstetrician/gynecologists, trained in NaProTechnology by the Pope Paul VI Institute and Creighton University School of Medicine and any medical professionals who share their natural law vision of reproductive health care—to protect their right to well-formed conscientious objection in reproductive medicine. Directive one: understand the nature of a well-formed conscience and its rightful exercise. Directive two: fulfill all reasonable American College of Obstetricians and Gynecologists’ requirements for conscientious refusal. (...) Directive three: execute a political strategy to protect health-care conscience rights. (shrink)

Abstract:This essay reviews the 2013 Human Life International (HLI) propaganda video, Central America and Mexico: Fighting for Life, Faith, and Family, which, we argue, illustrates the well-orchestrated counteroffensive against reproductive and sexual rights movements occurring in the region. First we summarize the film's key themes, including the assertion that Catholicism is fundamental to Mexican and Central American identities and that the international “pro-abortion movement” is waging war against Catholics. Second, we note the development of a new strategic (...) alliance between Catholics and evangelicals that relies on lay religious activists working in the fields of medicine, bioethics, law, and government. Third, we show how the video appeals to HLI donors by asking them to support crisis pregnancy centres, homes for unwed mothers, adoption programs, and “natural” fertility assistance. We argue that the film conspicuously ignores the consequences of abortion bans already in place in Nicaragua, El Salvador, and Honduras, and does not consider that what it terms “international pressures” also includes treaty obligations with the United Nations and Organization of American States. This essay offers insights into the strategies used by opponents of reproductive and sexual rights movements in Mexico and Central America. (shrink)

The reproductive rights of women have been a central topic in feminist bioethics. The focus has been predominantly on the right not to reproduce, and so not to be subject to pronatalist social forces that make motherhood compulsory for women. That is the case despite many women and other members of marginalized groups experiencing anti-natalism, or in other words, social pressure to avoid biological reproduction. For these groups, the right to reproduce is as important, if not more important, (...) than the right not to reproduce. This chapter concentrates on the right to reproduce and considers what form it should take in feminist bioethics. The main claim of the chapter is that feminists should ground the right in the need to protect marginalized groups from anti-natalism. (shrink)

It’s often assumed that if white people have a sexual preference for other white people, they, when using intimate dating platforms, have the right to skip over the profiles of Black people. As some argue, we have the right to act on our sexual preferences, including racialized sexual preferences, because doing so isn’t harmful, and even if it were harmful, this wouldn’t matter because either our “right” to act on our sexual preferences outweighs the harm and/or (...) we cannot even control our sexual preferences. Against this view, I argue that (1) when white people act on anti-Black sexual preferences, white people harm Black people insofar as they reduce their objective welfare level, and (2) we can in fact, to some degree, control our racialized sexual preferences. Moreover, I argue that because white people who engage in racialized sexual discrimination against Blacks disrespect and demean Black people and we don’t have any kind of right to disrespect and demean persons, white people don’t have even a prima facie right to act on anti-Black sexual preferences. Indeed, white racialized sexual discrimination against Black people is always deeply wrong, not only because it wrongs Black people, but it also wrongs the discriminators themselves. (shrink)

What kind of rhetoric frames French reproductive policy debate? Who does such policies exclude? Through an examination of the “American import” of gender studies, along with an analysis of France’s Catholic heritage and secular politics, I argue that an unwavering belief in sexual difference as the foundation of French society defines the productive reproductive citizen. Sylviane Agacinski is perhaps the most vocal public philosopher who has framed the terms of reproductive policy debate in France, building an (...) oppositional platform to reproductive technology around anthropological assertions of sexual difference. This paper engages with Agacinski to examine rhetorical claims of sexual difference and how such claims delayed passage of France’s revised bioethics legislation that extends access of assisted reproductive technology (ART) to “all women.” Though the “PMA pour toutes” [ART for all women] legislation was eventually passed, such rhetoric motivated the explicit exclusion of all trans person from its extension, thus hardly permitting ART to all women. (shrink)

I have argued that because human sexual reproduction inevitably involves the creation and destruction of embryos, it is a problematic activity for those who believe that the embryo is “one of us.” Or, if it is not a problematic activity, then neither is the creation and destruction of embryos for a purpose of comparable moral seriousness—the development of lifesaving therapy, for example. I assume that, whereas it is possible for the very first act of unprotected intercourse to result in (...) a live human baby, and hence not in a given case cause any embryo loss, this is a rare event and that, statistically, for every live birth from three to five embryos must be created only to die. For dramatic effect, I assume that five is a reasonable figure, giving each embryo a 20% chance of survival; however, nothing in the argument depends on any specific figures being correct. a. (shrink)

This study reviews various discourses around female sexual mutilation from the perspective of the human and social sciences, and also current debates between supporters of the cultural argument and those defending the universality of human rights. An aside about the Dogon myth of world order recorded by Marcel Griaule in Dieu d’eau or Aristotle’s philosophical discourse in the Reproduction of Animals is required in order to widen the debate and see its importance as regards the dignity of the (...) human person. In Aristotle woman is a freak accident, she interrupts the circle that goes from man to man so that he can start off again. Woman is a "catastrophe" necessary to the exercise of the male genitalia; her body is naturally mutilated and incomplete. In the Dogon myth the clitoris rises up like a termite-hill, it is oversized and must be knocked down, that is, excised. Between excessive size, monstrousness and ugliness come discourses which have since time immemorial accompanied and justified wounding the female genitals. But today a medical type of discourse, which is widely accepted, is aiming to repair excised genitalia and give back to women the happiness of a recovered body. Thus we may ask what "woman’s dignity" consists of and whether it is the same as the "dignity of the human person". (shrink)