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

Medical Law

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

Edited by Camilla Pickles · Jonathan Herring
Hart Publishing November 2020

Specifications

ISBN-13
9781509937578
Publisher
Hart Publishing
Publication
November 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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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