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Women's Birthing Bodies and the Law: Unauthorised Intimate Examinations, Power and Vulnerability

Women's Birthing Bodies and the Law: Unauthorised Intimate Examinations, Power and Vulnerability

Author: Camilla Pickles; Jonathan Herring
Publisher: Hart Publishing
ISBN: 9781509937578

Published In: November 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945535

List Price: HKD 1,105.00

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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.

The book includes contributions from leading feminist philosophers, medical professionals, and academics in medicine 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.

Chapter 1. Introduction

Camilla Pickles (University of Oxford) and Jonathan Herring (University of Oxford)

Chapter 2. 'Non-consented vaginal examinations: The Birthrights and AIMS perspective'

Rebecca Broine (Birthrights)

Chapter 3. 'Silence, acquiesce or consent: Interpreting women's responses to intimate examinations'

Elsa Montgomery (Kings College London)

Chapter 4. 'Female genital examination and autonomy in medicine'

Neda Taghinejadi (North Middlesex University Hospital NHS Trust) and Dr. Brenda Kelly (Women's Services at the Oxford University Hospitals: Oxford Fetal Medicine Unit)

Chapter 5. 'Exploring the way doctors are taught vaginal examination in labour: Capturing the challenging social context of a technical skill'

Rachel Adams (University Hospital, Bristol) and Susan Bewley (Kings College London)

Chapter 6. 'When a uterus enters the door, reason goes out the window'

Stella Villarmea (University of Alcalá and University of Oxford)

Chapter 7. 'Why “normal” feels so bad: Violence and vaginal examinations during labour – a phenomenology'

Sara Cohen Shabot (University of Haifa)

Chapter 8. 'How should the performance of periparturient vaginal examinations be regulated?'

Charles Foster (University of Oxford)

Chapter 9. 'When “assault” is not enough: Unauthorised vaginal examinations during labour and the crime of battery'

Camilla Pickles

Chapter 10. 'Can an assault be a sexual assault because of the complainant's views rather than the defendant's intentions?'

Catarina Sjolin (University of Leicester)

Chapter 11. 'Implied consent and vaginal examination in pregnancy'

Jonathan Herring

Chapter 12. 'Troubling consent: Pain and pressure in labour and childbirth'

Claire Murray (University College Cork)

Chapter 13. 'Redressing Unauthorised Vaginal Examination Through Civil Litigation'

Andrea Mulligan (Trinity College Dublin)

Chapter 14. 'International human rights standards related to autonomous decision-making during childbirth'

Christina Zampas (University of Toronto)

Chapter 15. Conclusion

Jonathan Herring and Camilla Pickles

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