The Policies and Politics of Reproductive Justice Juana Rosa Cavero Reproductive Justice Coalition of Los Angeles
What is Reproductive Justice
…exists when all people have the social, political and economic power and resources to make healthy decisions about our gender, bodies and sexuality for our selves, our families and our communities.
Asian Communities for Reproductive Justice, EMERJ- Expanding the Movement for Empowerment and Reproductive Justice
What is Reproductive Justice
Reproductive Justice is based on a human right’s framework and is defined as “the right to have children, not have children, and to parent the children we have in safe and healthy environments – is based on the human right to make personal decisions about one’s life, and the obligation of government and society to ensure that the conditions are suitable for implementing one’s decisions is important to women of color.
SisterSong Women of Color Reproductive Justice Collective
Policies and Politics
There exist factors that affect/influence my ability to make decisions about my reproductive health…
Reproductive Oppressions ď ˝â€Ż
Toxic facilities like power plants and oil refineries are mostly located in poor communities of color, which expose women to reproductive toxins linked to infertility, miscarriage, infant mortality and breast cancer.
Reproductive Oppressions
The increase in criminalization of pregnant women who use substance in the name of “fetal rights” disproportionately targets poor women of color, who are being incarcerated at extremely high rates rather than receiving treatment.
Reproductive Oppressions ď ˝â€Ż
Forced sterilizations of poor women, women of color and women with disabilities, and coercing women to use dangerous, long-term, providercontrolled contraceptive such as Depo-Provera.
RH, RR, RJ
Reproductive Health – Reproductive Health – a service delivery model centered around increasing access to reproductive health care
Reproductive Rights – a legal & policy model centered around choice and privacy
Reproductive Justice – an organizing and leadership development model centered around the understanding that reproductive oppression is a result of intersecting oppression based on race, class, immigration status, ability, etc. and is a way to control entire communities. New Vision
Benefit of the RJ Framework The best way to understand reproductive justice is to look at its core aspects, which helps us understand not only the way we think about the issues our communities face, but also the way we take action around them
History of RJ
Women of color delegation returned from the 1994 International Conference of Population and Development in Cairo, Egypt Reproductive rights + social justice Human right provide more possibilities for our struggles than the privacy concepts the pro-choice movement claims only using the U.S Constitution. It represent shift for women adv for control of their bodies – narrow focus on legal to broader analysis of racial, eco, cultural and structural constraints on our power.
Reproductive Justice Coalition of Los Angeles
… manifestations of racism, classism, ageism and other oppressive societal assumptions that create reproductive health disparities among women. RJCLA works to ensure that women of color, women living in poverty and immigrant women are primarily engaged and mobilized in setting and addressing a reproductive justice agenda for Los Angeles.
Policies and Politics and RJ
Legislation Regulations Norms
cultural, community
Morals Religious Directives
Policy set parameters to maintain order
Policies and Politics and RJ
Politics –
Debate or conflict among individuals having or hoping to achieve power
POWER – within our work
To deprive the other side of what it wants To give the other side what it wants To elect someone who supports your issues.
PLAN B – EC – Morning-After Pill POLICY 2005 -Plan B – has a patent for 7 years 2005 – FDA approves Plan B for 18 and older (without a Rx) - 17 under must have Rx 2009 – generic is produced; Plan B is patented for 18+, so generic is OTC for under 17 under; later that year, FDA allows 17 year old to get PlanB OTC
FYI: “Plan C” does not exist. Intended to spark discussion during presentation.
PLAN B – EC – Morning-After Pill POLITICS 2005 – Research finds that EC is not harmful to women and young woman can and should have access 2005 – FDA restricts access Susan F. Woods - assistant FDA commissioner for women's health and director of the Office of Women's Health RESIGNS
PLAN B – EC – Morning-After Pill POLITICS --Reduce unwanted pregnancies and abortion v.s. Encourage teen promiscuity and encourages abortions as a form of birth control
Organizing
Moved legislation so that Plan could be accessible in pharmacies with pharmacists Rx no matter age Created educational campaign for young women and men to know about Plan B Focused on the mechanics of EC and not the discussion of conception vs. fertilization
Religious Hospitals
1 in 6 patients in the United States is cared for in a Catholic hospital. 8 of the 25 largest health systems in the country are religiously-owned. Religiously-affiliated hospitals use religious doctrines as means to restrict the services they offer to patients, especially reproductive services. Religiously affiliated hospitals bill the United States government more than $40 billion a year.
Religious Hospitals
The largest single group of nonprofit hospitals are Catholic institutions- controlling 622 hospitals nationwide.
5 of the 10 largest healthcare systems, which operate hospitals and medical centers in the United States, are Catholic.
Religious Hospitals
Ethical and Religious Directives for Catholic Healthcare Services (Directives), The Directives prohibit almost all reproductive health services.
Contraceptives that do not promote “natural family planning” are prohibited. Most treatments for infertility, sterilizations for men and women, and abortion, even in cases of rape, incest, or to save a pregnant woman's life, are banned.
Religious Hospitals
Special government exemptions known as “refusal clauses”
Permit hospitals to use religious doctrines as patient care guides, Remain eligible to receive public funding. 1973 Congress passed the Church Amendment, allowing healthcare providers to refuse to provide abortions or sterilizations on religious grounds. The Balanced Budget Act of 1997 includes a refusal clause that created uniform standards for Medicare managed care. Insurance plans and institutions were allowed to opt out of providing, reimbursing, or referring Medicaid patients services that contradicted the organization’s religious or moral beliefs.
Almost every state has some sort of refusal clause allowing individual health providers to refuse to provide abortion services.
Real Cases
Cases brought to court
Case I
19 weeks pregnant, temperature of 106, bleeding excessively. Had a life-threatening condition that prevents a person’s blood from clotting normally. FACT: no chance the fetus could survive, Ethics committee told the doctor that he could not perform the abortion until the fetus’s heartbeat stopped. The patient was in the Intensive Care Unit for ten days.
Case II
15 weeks pregnant with twins, miscarried a fetus at home; umbilical cord and placenta from the passed fetus remained in her uterus ER physician perinatologist determined that nothing could be done to can't pregnancy.
Case II, con’t
She agreed to medical abortion (medication and go home) or to miscarriage the second fetus. Hospital refused to start treatment because the remaining fetus still had a heartbeat She was delayed by approximately 3 ½ hrs transferred by ambulance to a hospital 80 miles away.
Case III
11-weeks gravely-ill woman, she had right heart failure; Dr’s told her if she continued with the pregnancy, she had almost a 100% chance of dying. Sister Margaret McBride determined that this was a valid exemption to Directive where in some circumstances, procedures that could kill the fetus to save the mother are acceptable.
Case III ď ˝â€Ż
Catholic Bishop Thomas J. Olmsted Declared that McBride was automatically excommunicated for her decision to allow an abortion in a Catholic hospital.
What can we do: Merger Watch
Providing expert analysis of the potential impact of a religious/secular hospital merger on community access to reproductive health services and on patients’ ability to have their end-of-life wishes honored. Helping form community coalitions to speak on behalf of patients’ concerns and educate the public. Pressing hospital officials for changes in the terms of the proposed merger, so that patients’ rights and access to care will be protected. Intervening in state hospital oversight proceedings to urge changes in merger plans.
Merger Watch
Lets talk RJ What are some issues in your community? -
Resources
THREE applications of the Reproductive Justice Lens.
EMERJ* Training Curriculum 2009 ACRJ and ACCESS/Women’s Health Rights Coalition Asian Communities for Reproductive Justice, www.reproductivejustice.org/ ACCESS/Women’s Health Rights Coalition, www.whrcaccess.org
SisterSong: Women of Color Collaborative, www.sistersong.net
MergerWatch -- http://www.mergerwatch.org/ GroundsWell Foundation -http://groundswellfund.org/resources/what-isreproductive-justice Undivided Rights: Women of Color Organizing for Reproductive Justice by Jael Silliman, Marlene Gerber Fried, Loretta Ross, and Elena Gutierrez