Foetal images have been central to the medicalized abortion debate since the 1960s. Feminists have extensively analysed such pictures, arguing that the pregnant body is separated from the foetus and erased from view, and that the rights of women and foetuses are set in opposition. In this article I introduce the latest image in this debate, the 3D sonogram, which is widely reported as new evidence for a reduction in the gestational time limit. Through close analysis of two examples, I (...) argue that the rhetorical use of these images can be characterized by a conflation of knowing with seeing. With the new clarity of sonograms to the untrained eye, image producers are legitimated by a discourse of public information and concerned citizens are called upon to exercise their rights to see/know. For feminist theory, this implies the need for continued analysis of the epistemology of foetal images and renewed focus on the subject position of the viewer. (shrink)

In the United Kingdom the law and medical guidance is supportive of women making choices in childbirth. NICE guidelines are explicit that a competent woman’s informed request for MRCS should be respected. However, in reality pregnant women are routinely denied MRCS. In this paper I consider whether there is sufficient justification for restricting MRCS. The physical and emotive significance of childbirth as an event in a woman’s life cannot be understated. It is, therefore, concerning that women are having their wishes (...) ignored, and we must ascertain whether the denial of agency is justifiable. To answer this question I first demonstrate that access to MRCS is a lottery in the UK. Second, I argue that there is nothing unique about pregnancy that displaces the ethical norm of respecting patents’ sufficiently autonomous choices. Thus, the starting presumption is that all informed choices regarding MRCS should be respected. To ascertain whether any restriction of MRCS is justifiable the burden of proof must be placed on those who argue that MRCS is ethically impermissible. I argue that the most common justifications in the literature against MRCS are insufficient to displace the presumption in favour of autonomous choice in childbirth. I conclude that MRCS should be available to pregnant women, and we must strive to reduce the lottery in access to choice. (shrink)

Currently, abortion can be lawfully performed in China at any gestational stage for a wide range of social and medical reasons. I critically explore the Chinese regulatory model of abortion in order to examine its practical effects on women. Although I focus on the post-Maoist abortion law, I also analyse the imperial Confucianism-dominated regulation and the Maoist ban on abortion in order to scrutinise the emergence of the notion of ‘glorious motherhood’. By examining how ‘glorious motherhood’ is constructed and reinforced (...) in the Chinese family planning context, I argue that the post-Maoist government intentionally made abortion ‘law in the books’ unrestrictive in order to impose its control over female fertility. As a result of this, women are persuaded and even forced to lead a ‘glorious’ maternal life, which means sacrificing themselves for the purpose of achieving the state’s Malthusian and eugenic demographic goals. Furthermore, I argue that, in addition to exacerbating gender oppression, abortion law’s embrace of the idea of ‘glorious motherhood’ also produces ‘group oppression’ of unmarried women and working-class women. (shrink)

Although nearly 99% of abortions in New Zealand are permitted in order to prevent danger or injury to a woman’s mental health (the ‘mental health exception’), the reasons why mental health considerations should effectively control access to abortion are not altogether clear. This article analyses abortion case law, statutes and debates from New Zealand, the United Kingdom and the United States to attempt to explain the legal connection between mental health considerations and access to abortion. The article argues that the (...) mental health exception evolved in response to a change in the predominant construction of women seeking abortion from ‘selfish’ to ‘desperate’, coinciding with increasing societal subscription to an expanded view of psychological harm. By conceptually accommodating both constructions of women seeking abortion, the article argues that the mental health exception usefully enabled society generally to proscribe the practice of abortion on the basis that it was unnatural and irrational, while nevertheless permitting it in cases considered to be deserving. (shrink)

This paper considers the way in which English law safeguards fundamental rights to respect for faith and belief in relation to the delivery of health care. It explores the implications of the Human Rights Act 1998 and the Equality Act 2010. It explores some of the challenges in attempting to reconcile fundamental rights to faith and belief and the delivery of health care, both now and in the future and whether this is a realistic aspiration in a state funded health (...) care service. (shrink)

Across the UK, there has been an increase in anti-abortion activism outside abortion clinics. The activism deployed includes explicitly religious activities such as ‘prayerful witnessing’ and ‘pavement counselling’, which aim to discourage women from entering clinics. This article stems from a wider ethnographic study of public activism over abortion to determine what claims about motherhood are being made within these debates. Two arguments are presented. First, how women’s role as mothers is central and essentialised in anti-abortion discourses, with the body (...) of the mother often disappearing as activists seek to erode the distinction between a foetus and a baby by constructing pregnancy as a foetal environment. Motherhood is constructed as ‘natural’ and sacred, therefore abortion must be damaging because it destroys women’s ‘natural’ position. Second, the article argues that although the activists’ arguments are always religiously framed, their activism takes place in a largely secular context, meaning that they have to find ways of appealing to secular audiences. This leads to a complex interrelationship between secular and religious discourses, where theological viewpoints sit alongside ‘scientific’ claims to buttress activists’ views. This article explores how the presence and absence of mothers within activists’ narratives is due to the tensions between religiously based understandings of motherhood, and the need to appeal to a secular audience. (shrink)

Journal of Religious Ethics, Volume 49, Issue 4, Page 657-680, December 2021.

In The legal determinants of health: Harnessing the power of law for global health and sustainable development, Gostin et al. provide a sustained account of how law can and should be used as an instrument of health promotion. We pick up on the themes of this report with a specific focus of the importance of abortion for women’s sexual and reproductive health and the impact that particular ways of framing abortion in law can have on the lives of women and (...) girls. In this short comment, we wish to emphasize that abortion regulations need to move beyond frameworks based on narrow understandings of harm towards more progressive agendas that take into account the social determinants of health in order to reduce barriers to care. This contribution is particularly relevant to the Commission’s criticism that those ‘[l]aws that stigmatise or discriminate against marginalized populations are especially harmful and exacerbate health disparities’. (shrink)

Taking Poland as a case study, this article examines the sociological and historical-institutional factors that determine the relationship between the process of medical professionalisation and reproductive rights in transitional societies. Focusing on three periods in Polish history, (a) Partition era (1772–1918), (b) the Second Polish Republic (1918–1939), and (c) the post-war period (1945–1989), it identifies ruptures and continuities that have shaped the development of the Polish medical profession and its attitude towards abortion care today. Using insights from feminist historical institutionalism, (...) abortion studies, and the sociology of professions, the article applies the concept of ‘dialectical transformations’ to explain institutional and policy reproduction and change over time. It shows how professional and legal institutions are often transferred from one systemic context to another by individuals or organisations whose positions move from opposition to dominance. Understanding such processes is especially important in light of the retrenchment of reproductive rights across the globe. (shrink)

This paper examines the problematisation of sex-selective abortion (SSA) in UK parliamentary debates on Fiona Bruce's Abortion (Sex-Selection) Bill 2014–15 and on the subsequent proposed amendment to the Serious Crime Bill 2014–15. On the basis of close textual analysis, we argue that a discursive framing of SSA as a form of cultural oppression of minority women in need of protection underpinned Bruce's Bill; in contrast, by highlighting issues more commonly articulated in defence of women's reproductive rights, the second set of (...) debates displaced this framing in favour of a broader understanding, drawing on postcolonial feminist critiques, of how socio-economic factors constrain all women in this regard. We argue that the problematisation of SSA explains the original cross-party support for, and subsequent defeat of, the policies proposed to restrict SSA. Our analysis also highlights the central role of ideology in the policy process, thus making politics visible in policymaking. (shrink)

Significant developments in medical research and technology have meant that the process of reproduction is increasingly affected by the consumption of a variety of services and goods. Individuals intervene in their own reproductive processes as they eat particular foods, take particular drugs and avail themselves of diagnostic and reproductive services. Although such developments have been analysed by feminists in terms of their ethical consequences or their contribution to the commodification of reproduction, they have not been evaluated in terms of their (...) contribution to reproductive consumption. This article argues that we can avoid the reductiveness of critiques of commodified reproduction by developing a conceptual framework of reproductive consumption. Thinking through reproductive consumption also enables feminist analysis to expand our understanding of the gendered aspects of consumption. Most feminist work on consumption practices has focused on the domestic sphere as a site of consumption or on the role of sex and sexuality in promoting consumption. This article's analysis of reproductive consumption adds to this work by revealing ways in which biological reproduction itself is a site of consuming desires and needs, and is permeated by socio-economic forces. In developing a theoretical framework for analysing reproductive consumption, this article argues that consumption produces adaptive value as an object of exchange is acquired and adapted in order to satisfy some need or desire. In making this argument I draw on O'Brien, who argued that reproduction produces syntheticvalue by synthesizing reason and nature in bringing another human being into the world. In doing so she used Marx's method of extracting the concept of commodity value from capitalist exchange relations. Similarly, I analyse the relations of consumption in order to distil a value that is specific to consumption. Reproductive consumption identifies the reproductive consumer as someone who adapts objects of consumption to her own reproductive needs and desires as she negotiates her reproductive nature. Thinking about reproduction and consumption in terms of each other helps us to identify how reproduction is brought about through a taste for particular goods and services, and how consumption works through the reproductive, as well as the sexual, body. (shrink)

Feminist scholarship has demonstrated the importance of sustained critical engagement with ultrasound visualizations of pregnant women’s bodies. In response to portrayals of these images as “objective” forms of knowledge about the fetus, it has drawn attention to the social practices through which the meanings of ultrasound are produced. This article makes a novel contribution to this project by addressing an empirical context that has been neglected in the existing feminist literature concerning ultrasound, namely, its use during pregnancies that women decide (...) to terminate. Drawing on semi-structured interviews with women concerning their experiences of abortion in England, I explore how the meanings of having an ultrasound prior to terminating a pregnancy are discursively constructed. I argue that women’s accounts complicate dominant representations of ultrasound and that in so doing, they multiply the subject positions available to pregnant women. (shrink)