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Autonomy, Gender, Politics
You may do so in any reasonable manner, but not in any way that suggests that the licensor endorses you or your use of the material. You may not use the material for commercial purposes. If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original. Deconstructing sex, gender and roles About the publication The right to found a family is a fundamental right recognized by many international treaties and conventions.
Purpose of the Publication Gender identity and reproductive autonomy analyzes how the combination of the right to found a family with the right to benefit from scientific progress and access to it by any person regardless their sexual orientation or gender identity has generated a deconstruction of biology, sex, gender and roles. Reference: When referencing this report, we recommend the following citation: Lamm, Eleonora Gender identity and reproductive autonomy.
Copyleft: You are free to share copy and redistribute the material in any medium or format and to adapt remix, transform, and build upon the material this paper. Although many jobs that present dangers to reproductive health involve other physical risks as well, gender-based legislation focuses exclusively on reproductive health, effectively using biological difference to disadvantage women Norton, , p. Although these chemicals can harm reproductive structures and functions of both men and women, medical research has focused exclusively on maternal exposure Norton, , p.
Additionally, women are not actively protected from chemicals that pose health risks if they are unrelated to reproduction. Workplace restrictions and fetal protection laws are embedded with protectionist rhetoric that often denies women autonomy over decisions regarding work and reproduction.
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For example, although women of childbearing age were often prohibited from work that could damage their reproductive organs, men were not similarly protected or prevented from working in risky environments Norton, , p. Rather, men are perceived as autonomous agents who have the capacity to weigh the costs and benefits of working in an environment that may pose risks to their reproductive health Norton, , p.
By defining all women of childbearing age as potential mothers, preconception health policy demands avoiding all risk to pregnancy or future pregnancy Waggoner, , p. It remained silent about the potential economic repercussions gender-based legislation might impose upon women, including loss of work or wages.
The assumption that women rely on men for wages and could therefore afford not to work continues to permeate labor policies. Although disability insurance plans existed, they either excluded pregnancy altogether or provided reduced benefits for pregnant women Norton, , p. As legislators attempted to reform work environments to include women, protectionist rhetoric became persistent in defining what types of work were appropriate for women.
The legal justification for exclusion of women often relied on the possibility of harm to reproductive health. During the s, federal regulatory agencies pressured traditionally male-oriented, well-paid jobs to admit women. Women were not viewed as workers with a legitimate interest or claim to the fundamental right to work, due to the expectation that their primary role was of mothers.
Additionally, women were often left without means to address their concerns. The protectionist rhetoric that legitimized separate treatment for women in Muller fueled the fetal protection debate that implicitly assumed female workers had no interest apart from reproduction or potential reproduction Norton, , p. For example, until the s, women often struggled in segregated labor unions because they were not perceived as possessing the same right to work as men Boris and Kleinberg, , p.
Current Medicaid policies may deny coverage for women who are not pregnant but will not refuse services to those who are pregnant. You have coverage instantaneously. The construction of pregnancy as disability continues to fuel legislation that provides disability-like services to women who are pregnant or with young children but does not provide these same services to men.
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For example, many states have reserved parking spaces for pregnant women or women with newborns. However, this resource is not available to new fathers. Contemporary feminists argue that a more inclusive and just approach would frame fetal protection as a health and safety issue rather than a discrimination issue Norton, , p.
Drawing heavily on social discourse that framed women as disabled and thus incapable of autonomy in the workplace, Muller v. Thus, Muller explicitly classified women as a separate class from men and legitimized their discrimination within the workforce. Baynton, Douglas C.
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