Medical Law

Childbirth, Vulnerability and Law: Exploring Issues of Violence and Control

Edited by Jonathan Herring · Camilla Pickles
Routledge August 2019

Specifications

ISBN-13
9781138335493
Publisher
Routledge
Publication
August 2019
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth.

Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors.

The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.

Table of Contents

Introduction Camilla Pickles and Jonathan Herring
Chapter one: ‘"Amigas, sisters: We are being gaslighted": Obstetric violence and epistemic injustice’ Sara Cohen Shabot
Chapter two: ‘Practices of silencing: Birth, marginality and epistemic violence’ Rachelle Chadwick
Chapter three: ‘Posttraumatic stress disorder following childbirth’ Antje Horsch and Susan Garthus-Niegel
Chapter four: ‘Identifying the wrong in obstetric violence: Lessons from domestic abuse’ Jonathan Herring
Chapter five: ‘Midwives and midwifery: The need for courage to reclaim vocation for respectful care’ Soo Downe and Nancy Stone
Chapter six: ‘Health system accountability in South Africa: A driver of violence against women’ Jessica Rucell
Chapter seven: ‘Human rights law and challenging dehumanisation in childbirth: A practitioner’s perspective’ Elizabeth Prochaska:
Chapter eight: ‘Leaving women behind: The application of evidence-based guidelines, law, and obstetric violence by omission’ Camilla Pickles
Chapter nine: ‘Childbirth, consent, and information about options and risks’ Lisa Forsberg
Chapter ten: ‘Court authorised obstetric intervention: Insight and capacity, a tale of loss’ Samantha Halliday
Chapter eleven: ‘Understanding obstetric violence through a fiduciary lens’ Elizabeth Kukura
Chapter twelve: ‘Reflections on criminalising obstetric violence – A feminist perspective’ Karen Brennan
Afterword Emily Jackson
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