Abstract

http://ssrn.com/abstract=1345824
 
 

Citations (1)



 
 

Footnotes (40)



 


 



The Invisible Woman: Availability and Culpability in Reproductive Health Jurisprudence


Beth A. Burkstrand-Reid


University of Nebraska at Lincoln - College of Law

January 29, 2010

University Colorado Law Review, Vol. 81, p. 97, 2010
Illinois Public Law Research Paper No. 08-15

Abstract:     
Women’s health is widely assumed to be a significant consideration in reproductive rights cases. Court decisions relating to contraception, abortion, and childbirth demonstrate that while this assumption may have historical validity, consideration of women’s health is often truncated in recent reproductive rights jurisprudence. This occurs, in part, through the application of one or both of two recurring tools.

First, judges regularly - and often inaccurately - cite the theoretical availability of alternative reproductive health services as proof that women’s health will not suffer even if a law curtailing reproductive rights is upheld. I label this the “availability tool.” Second, when alternatives are not available, judges may blame women for the lack of available services or procedures. I call this the “culpability tool.” Although the availability and culpability tools can be applied in a manner that appropriately considers women’s health, often they are not. Thus, the availability and culpability tools contribute to the undervaluing of women’s health in reproductive health jurisprudence.

Number of Pages in PDF File: 60

Keywords: abortion, childbirth, cesarean, health, women, reproductive

Accepted Paper Series


Download This Paper

Date posted: February 19, 2009 ; Last revised: January 31, 2010

Suggested Citation

Burkstrand-Reid, Beth A., The Invisible Woman: Availability and Culpability in Reproductive Health Jurisprudence (January 29, 2010). University Colorado Law Review, Vol. 81, p. 97, 2010; Illinois Public Law Research Paper No. 08-15. Available at SSRN: http://ssrn.com/abstract=1345824

Contact Information

Beth A. Burkstrand-Reid (Contact Author)
University of Nebraska at Lincoln - College of Law ( email )
103 McCollum Hall
P.O. Box 830902
Lincoln, NE 68583-0902
United States
402-472-3158 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,643
Downloads: 251
Download Rank: 68,677
Citations:  1
Footnotes:  40

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.500 seconds