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ROUND-UP Law and Policy
Round-Up
Is the right to get pregnant a fundamental human right in Botswana? IS question was the central issue in a court case in 1993 that was later appealed, by a ‘If” student organisation who challenged a regulation in force in all teacher training colleges. The regulation required pregnant women students to report their pregnancy and either leave the college then or stay only until the end of the academic year, depending on the date of reporting. It further required any woman student who became pregnant a second time to drop out permanently. The Appeal Court judges ruled in early 1995 that the regulation was not for the benefit of pregnant women students, as was claimed, but rather was punitive and discriminatory. The Botswana government, however, has not acted upon the Appeal Court’s ruling. They have neither directed the colleges to abrogate the offending regulation nor told them to replace it with one that takes into account the real needs of pregnant women students. Thus, the regulation still stands.’ 1. QuansahE K, 1995. Is the right to get pregnant a fundamentalhumanright in Botswana? (Case Notes).Journal ofAfrican Law. 39(1):97-102.
year, more than 4,000 Irish women travel to Britain for abortions.l 1. Irish SupremeCourtfinds abortioninformationlaw constitutional.Reproductive Freedom News. 2 June 1995.
Plethora of anti-choice laws and regulations in the USA a number of US states, e.g. Florida, Indiana, and Maryland, laws have been passed which prohibit an increase in the amount of benefit to be paid if additional children are born into families already receiving child benefit. Other states continue to pass a range of restrictive laws on access to abortion, funding for abortion, restrictions on sex education, and parental consent requirements for teens, while the federal Congress continues to consider bills restricting overseas aid for family planning and abortion services.* N
1 Wisconsin
1. Reproductive Freedom News. 19 Mayand2 June 1995.
Survey on violence against US abortion clinics nationwide survey of acts of violence against
Irish court finds abortion law constitutional N
information
March 1995 a bill on giving information
1 about abortion to Irish women was passed by both houses of the Irish parliament and sent to the Irish Supreme Court by the President, Mary Robinson, for review. In May, the Supreme Court._heldthat the legislation was constitutional, which renders it immune to future constitutional challenge. The law permits Irish family planning groups, doctors and other health advisory services and counselling centres to inform women about abortion as part of a comprehensive discussion of pregnancy options. It does not permit direct referrals or appointments at clinics, or general information to the public. Each
A clinics and health workers was conducted for
the second year in a row in 1994 in the USA by the Feminist Majority Foundation. It collected information from 314 clinics in all but two states, all of whom were providing abortions and almost all providing a range of other services, including cancer screening, birth control, infertility treatment, sterilisation, and adoption services. Two-thirds of these clinics reported experiencing one or more types of violence in 1994, including death threats, stalking, chemical attacks, bombings and bemb threats, invasions, arson and arson threats, blockades, home picketing, gunfire, and/or vandalism. Violence was at the same high levels as in 1993, but anti-abortion extremists were increasingly using death threats as their primary strategy,
Reproductive Health Matters,
experienced at one in four clinics. Death threats had escalated just after a doctor and a clinic escort were murdered, and were more often directed at non-profit clinics, which are more vulnerable financially. Increases in clinic violence were associated with poor law enforcement response, though law enforcement responses had generally improved. Lastly, fewer clinic staff had resigned as a result of anti-abortion violence than in 1993. These threats and attacks are being carried out by an organised political movement. Blockades were being countered effectively through volunteer clinic defense groups. The question of how to counter escalating and more extreme forms of violence, especially death threats and murder, and targeted harassment of doctors, staff and others providing goods and services to clinics, remains to be solved.’ 1. 1994 Clinic Violence Survey Report. Feminist Majority Foundation, Arlington VA, USA.
organisation
Lihok-Pilipina
alternative
sources of livelihood to replace their Of 27 women who experienced sexual abuse who were helped by the group, one was under age seven, 12 were age 815 and 8 were age 16-20. All but three had been raped, and eight involved incest. Fifteen occurred in the house where the girl lived. In response to these and other cases, community watch groups were formed to include representatives from the police, local officials, local parishes, women lawyers, Lihok-Pilipina members and some community leaders. They keep an eye on neighbourhood women who are experiencing problems and provide support if abuse occurs. More women are now referred to Lihok-Pilipina as a result of wide-ranging advocacy work in the media. The group recommend changes in the Philippine law on these issues, including making rape a crime against the person and not a crime against chastity, as it is now.’ partner’s
support.
T, 1994. Fighting violence 1. Banaynal-Fernandez against women: the experience of the Lihok-Pilipina Foundation in Cebu. Environment and Urbanization.
Fighting violence against women in Cebu, Philippines HE women’s
No 6, November 1995
6(2):31-56. in
T Cebu organises women into groups capable of directing and sustaining their own initiatives in areas such as health, child care, laws, livelihood, housing and environment. One of their programmes involves assistance for women who have experienced violence and abuse. A sample survey of women over a threemonth period showed that of all cases of family conflict, one third were related to sex and often resulted in violence. The main reasons the women said they did not enjoy sex were housingrelated: the bed would creak, the house would shake, the neighbours would hear. It was also learned through a door-to-door survey in two communities that six out of ten women had experienced battering. Of 84 women who suffered violence and approached Lihok-Pilipina for help from 1991 to 1993, 90 per cent of the violence was committed by husbands and live-in partners. About twothirds of the women were employed or had their own source of income and almost half had a college education. The services provided to the women included legal assistance, medical assistance, counselling, temporary shelter and
Traditional midwives in Australia barred from practising HANGES
to the Nurses
Act in New South
c Wales (NSW), Australia in 1991 have made it illegal for traditional midwives to assist birthing women. Although there are few traditional midwives left in the country, they have great expertise, according to an article by a member of the Australian Society of Independent Midwives, and have the trust and loyalty of women in their districts. Because of the law change, there are now ‘rural areas in NSW where women are giving birth unattended rather than seeking hospital birth. This author calls on Australian midwives to support efforts by feminist groups to seek to redress the new law. She points out that four Canadian provinces (Ontario, Alberta, British Columbia and Manitoba) have clauses in their Midwives Acts which acknowledge traditional midwives’ right to practice. Canada has also joined the growing numbers of countries which recommend a direct entry programme for midwifery training instead of a
Law and Policy
nursing prerequisite, e.g. New Zealand, France, Germany and parts of the USA.’
UK,
Lecky-Thompson M, 1994. The recognition of traditional midwives. Australian College of MidwivesJournal. 7(4):7-8.
Folic acid prevents
early motherhood and abandoned children, unemployment, social inequality and discrimination will be some of the costs for society and for young women themselves.’ 1. Lattes A E, 1993. Algunas consecuencias de 10s cambios de la estructura de edades. Boletin de1 SIDEMA. 3(9):1-4.
neural tube defects
HREE years ago it was shown conclusively intake of folic acid among women planning a pregnancy prevents up to two-thirds of neural tube defects. For a reasonable protective effect, 0.4 mg folic acid per day is needed, which is twice the average dietary intake in Britain. Some people argue that preventive strategies should be selectively targeted at women planning a pregnancy, but this would have only a partial effect. For example, unplanned pregnancies that are carried to term would not be covered as the woman would not have started folic acid supplements in advance. A population approach is required, these authors argue. They believe that fortified food, e.g. flour, is the best available solution. Both the US Public Health Service and a UK Expert Advisory Group have supported this recommendation. The only known caution is that increased doses of folic acid may reduce the efficacy of certain anticonvulsant drugs. l
T that
1. Wald N J and Bower C, 1995. Folic acid and the prevention of neural tube defects (editorial). British MedicalJournal. 310 (April 22):1019-20.
Netherlands pill after all
will continue
to fund the
N 1995 the Dutch Health Secretary planned to pill use under the Dutch social insurance system and to make the pill available over the counter without prescription for women over age 18 - to save money. National protests, combined with unwillingness by the pharmaceutical industry to lower the price of the pill, made her change her mind in May 1995. The savings, she announced, would be made up by taking 80 other drugs off the social insurance system in 1996. Whereas the pill was targeted to save money, these 80 drugs are deemed unnecessary or ineffective, or are drugs for which there are equally good alternatives. 1
IIstop funding contraceptive
1. Spanjer M, 1995. About-turn on availability Netherlands. Lancet. 345 (June 3):1428.
of pill in
Dutch sex selection clinic faces opposition private clinic offering sex selection techniques grounds has encountered opposition in the Netherlands from the Royal Dutch Medical Association and the Health Secretary. Treatment is supposedly only to be offered to married couples who want the sex of their second child to be different from that of their first. Claimed success rates of up to 70 per cent are challenged by in vitro fertilisation experts. As of July 1995, the clinic had not yet been able to open in Utrecht as p1anned.l
A on non-medical Consequences of growing numbers of young women in Argentina HE 1991 census in Argentina
offers important
T data on the age and gender structure of the population. Of a total population of more than 32.6 million people, there are 700 thousand more women than men and many more younger women than older women, with the lo-14 year old cohort being the largest. These facts have consequences for young women, who will fmd it more difficult to obtain an education and get work unless something specific is done to improve access for them. Otherwise, negative effects on their health, and social effects such as
” 1. Sheldon T, 1995. Dutch sex selection clinic faces opposition. British MedicalJournal. 311 (July l):lO-11.
Is the right to get pregnant a fundamental human right in Botswana? IS question was the central issue in a court case in 1993 that was later appealed, by a ‘If” student organisation who challenged a regulation in force in all teacher training colleges. The regulation required pregnant women students to report their pregnancy and either leave the college then or stay only until the end of the academic year, depending on the date of reporting. It further required any woman student who became pregnant a second time to drop out permanently. The Appeal Court judges ruled in early 1995 that the regulation was not for the benefit of pregnant women students, as was claimed, but rather was punitive and discriminatory. The Botswana government, however, has not acted upon the Appeal Court’s ruling. They have neither directed the colleges to abrogate the offending regulation nor told them to replace it with one that takes into account the real needs of pregnant women students. Thus, the regulation still stands.’ 1. QuansahE K, 1995. Is the right to get pregnant a fundamentalhumanright in Botswana? (Case Notes).Journal ofAfrican Law. 39(1):97-102.
year, more than 4,000 Irish women travel to Britain for abortions.l 1. Irish SupremeCourtfinds abortioninformationlaw constitutional.Reproductive Freedom News. 2 June 1995.
Plethora of anti-choice laws and regulations in the USA a number of US states, e.g. Florida, Indiana, and Maryland, laws have been passed which prohibit an increase in the amount of benefit to be paid if additional children are born into families already receiving child benefit. Other states continue to pass a range of restrictive laws on access to abortion, funding for abortion, restrictions on sex education, and parental consent requirements for teens, while the federal Congress continues to consider bills restricting overseas aid for family planning and abortion services.* N
1 Wisconsin
1. Reproductive Freedom News. 19 Mayand2 June 1995.
Survey on violence against US abortion clinics nationwide survey of acts of violence against
Irish court finds abortion law constitutional N
information
March 1995 a bill on giving information
1 about abortion to Irish women was passed by both houses of the Irish parliament and sent to the Irish Supreme Court by the President, Mary Robinson, for review. In May, the Supreme Court._heldthat the legislation was constitutional, which renders it immune to future constitutional challenge. The law permits Irish family planning groups, doctors and other health advisory services and counselling centres to inform women about abortion as part of a comprehensive discussion of pregnancy options. It does not permit direct referrals or appointments at clinics, or general information to the public. Each
A clinics and health workers was conducted for
the second year in a row in 1994 in the USA by the Feminist Majority Foundation. It collected information from 314 clinics in all but two states, all of whom were providing abortions and almost all providing a range of other services, including cancer screening, birth control, infertility treatment, sterilisation, and adoption services. Two-thirds of these clinics reported experiencing one or more types of violence in 1994, including death threats, stalking, chemical attacks, bombings and bemb threats, invasions, arson and arson threats, blockades, home picketing, gunfire, and/or vandalism. Violence was at the same high levels as in 1993, but anti-abortion extremists were increasingly using death threats as their primary strategy,
Reproductive Health Matters,
experienced at one in four clinics. Death threats had escalated just after a doctor and a clinic escort were murdered, and were more often directed at non-profit clinics, which are more vulnerable financially. Increases in clinic violence were associated with poor law enforcement response, though law enforcement responses had generally improved. Lastly, fewer clinic staff had resigned as a result of anti-abortion violence than in 1993. These threats and attacks are being carried out by an organised political movement. Blockades were being countered effectively through volunteer clinic defense groups. The question of how to counter escalating and more extreme forms of violence, especially death threats and murder, and targeted harassment of doctors, staff and others providing goods and services to clinics, remains to be solved.’ 1. 1994 Clinic Violence Survey Report. Feminist Majority Foundation, Arlington VA, USA.
organisation
Lihok-Pilipina
alternative
sources of livelihood to replace their Of 27 women who experienced sexual abuse who were helped by the group, one was under age seven, 12 were age 815 and 8 were age 16-20. All but three had been raped, and eight involved incest. Fifteen occurred in the house where the girl lived. In response to these and other cases, community watch groups were formed to include representatives from the police, local officials, local parishes, women lawyers, Lihok-Pilipina members and some community leaders. They keep an eye on neighbourhood women who are experiencing problems and provide support if abuse occurs. More women are now referred to Lihok-Pilipina as a result of wide-ranging advocacy work in the media. The group recommend changes in the Philippine law on these issues, including making rape a crime against the person and not a crime against chastity, as it is now.’ partner’s
support.
T, 1994. Fighting violence 1. Banaynal-Fernandez against women: the experience of the Lihok-Pilipina Foundation in Cebu. Environment and Urbanization.
Fighting violence against women in Cebu, Philippines HE women’s
No 6, November 1995
6(2):31-56. in
T Cebu organises women into groups capable of directing and sustaining their own initiatives in areas such as health, child care, laws, livelihood, housing and environment. One of their programmes involves assistance for women who have experienced violence and abuse. A sample survey of women over a threemonth period showed that of all cases of family conflict, one third were related to sex and often resulted in violence. The main reasons the women said they did not enjoy sex were housingrelated: the bed would creak, the house would shake, the neighbours would hear. It was also learned through a door-to-door survey in two communities that six out of ten women had experienced battering. Of 84 women who suffered violence and approached Lihok-Pilipina for help from 1991 to 1993, 90 per cent of the violence was committed by husbands and live-in partners. About twothirds of the women were employed or had their own source of income and almost half had a college education. The services provided to the women included legal assistance, medical assistance, counselling, temporary shelter and
Traditional midwives in Australia barred from practising HANGES
to the Nurses
Act in New South
c Wales (NSW), Australia in 1991 have made it illegal for traditional midwives to assist birthing women. Although there are few traditional midwives left in the country, they have great expertise, according to an article by a member of the Australian Society of Independent Midwives, and have the trust and loyalty of women in their districts. Because of the law change, there are now ‘rural areas in NSW where women are giving birth unattended rather than seeking hospital birth. This author calls on Australian midwives to support efforts by feminist groups to seek to redress the new law. She points out that four Canadian provinces (Ontario, Alberta, British Columbia and Manitoba) have clauses in their Midwives Acts which acknowledge traditional midwives’ right to practice. Canada has also joined the growing numbers of countries which recommend a direct entry programme for midwifery training instead of a
Law and Policy
nursing prerequisite, e.g. New Zealand, France, Germany and parts of the USA.’
UK,
Lecky-Thompson M, 1994. The recognition of traditional midwives. Australian College of MidwivesJournal. 7(4):7-8.
Folic acid prevents
early motherhood and abandoned children, unemployment, social inequality and discrimination will be some of the costs for society and for young women themselves.’ 1. Lattes A E, 1993. Algunas consecuencias de 10s cambios de la estructura de edades. Boletin de1 SIDEMA. 3(9):1-4.
neural tube defects
HREE years ago it was shown conclusively intake of folic acid among women planning a pregnancy prevents up to two-thirds of neural tube defects. For a reasonable protective effect, 0.4 mg folic acid per day is needed, which is twice the average dietary intake in Britain. Some people argue that preventive strategies should be selectively targeted at women planning a pregnancy, but this would have only a partial effect. For example, unplanned pregnancies that are carried to term would not be covered as the woman would not have started folic acid supplements in advance. A population approach is required, these authors argue. They believe that fortified food, e.g. flour, is the best available solution. Both the US Public Health Service and a UK Expert Advisory Group have supported this recommendation. The only known caution is that increased doses of folic acid may reduce the efficacy of certain anticonvulsant drugs. l
T that
1. Wald N J and Bower C, 1995. Folic acid and the prevention of neural tube defects (editorial). British MedicalJournal. 310 (April 22):1019-20.
Netherlands pill after all
will continue
to fund the
N 1995 the Dutch Health Secretary planned to pill use under the Dutch social insurance system and to make the pill available over the counter without prescription for women over age 18 - to save money. National protests, combined with unwillingness by the pharmaceutical industry to lower the price of the pill, made her change her mind in May 1995. The savings, she announced, would be made up by taking 80 other drugs off the social insurance system in 1996. Whereas the pill was targeted to save money, these 80 drugs are deemed unnecessary or ineffective, or are drugs for which there are equally good alternatives. 1
IIstop funding contraceptive
1. Spanjer M, 1995. About-turn on availability Netherlands. Lancet. 345 (June 3):1428.
of pill in
Dutch sex selection clinic faces opposition private clinic offering sex selection techniques grounds has encountered opposition in the Netherlands from the Royal Dutch Medical Association and the Health Secretary. Treatment is supposedly only to be offered to married couples who want the sex of their second child to be different from that of their first. Claimed success rates of up to 70 per cent are challenged by in vitro fertilisation experts. As of July 1995, the clinic had not yet been able to open in Utrecht as p1anned.l
A on non-medical Consequences of growing numbers of young women in Argentina HE 1991 census in Argentina
offers important
T data on the age and gender structure of the population. Of a total population of more than 32.6 million people, there are 700 thousand more women than men and many more younger women than older women, with the lo-14 year old cohort being the largest. These facts have consequences for young women, who will fmd it more difficult to obtain an education and get work unless something specific is done to improve access for them. Otherwise, negative effects on their health, and social effects such as
” 1. Sheldon T, 1995. Dutch sex selection clinic faces opposition. British MedicalJournal. 311 (July l):lO-11.