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Women’s Birthing Bodies and the Law

Unauthorised Intimate Examinations, Power and Vulnerability

Editor(s): Camilla Pickles, Jonathan Herring
Media of Women’s Birthing Bodies and the Law
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Published: 26-11-2020
Format: EPUB eBook (?)
Edition: 1st
Extent: 208
ISBN: 9781509937592
Imprint: Hart Publishing
RRP: £54.00
Online price : £43.20
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About Women’s Birthing Bodies and the Law

This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies.

The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze.

Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.

Table Of Contents

Interim Table of Contents
Chapter one: Introduction
Camilla Pickles and Jonathan Herring
Chapter two: Non-consented vaginal examinations: The Birthrights and AIMS perspective
Rebecca Brione
Chapter three: Silence, acquiescence or consent: Interpreting women's responses to intimate examinations
Elsa Montgomery
Chapter four: Female genital examination and autonomy in medicine
Neda Taghinejadi and Brenda Kelly
Chapter five: When a uterus enters the room, reason goes out the window
Stella Villarmea
Chapter six: Human rights and gender stereotypes in the context of childbirth: Negation of women's autonomy in reproductive health care settings
Christina Zampas
Chapter seven: How should the performance of periparturient vaginal examinations be regulated?
Charles Foster
Chapter eight: Including the victim's perspective: Can vaginal examinations ever be sexual assaults?
Catarina Sjölin
Chapter nine: When 'battery' is not enough: Exposing the gaps in unauthorised vaginal examinations during labour as a crime of battery
Camilla Pickles
Chapter 10: Implied consent and vaginal examination in pregnancy
Jonathan Herring
Chapter 11: Troubling consent: pain and pressure in labour and childbirth
Claire Murray
Chapter 12: Redressing unauthorised vaginal examinations through litigation
Andrea Mulligan

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