Michele Goodwin, "Policing the Womb: Invisible Women and the Criminalization of Motherhood" (Cambridge UP, 2020)
Jun 8, 2024
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Michele Goodwin discusses the criminalization of motherhood in the US, highlighting shocking cases like women giving birth in prison toilets and facing coerced sterilization. She explores the historical context of oppression, racial disparities in legal treatment, and the impact on marginalized communities. The discussion extends to the over-policing of pregnancy behaviors, unjust detentions, and the need for explicit protections in reproductive rights
Poor and African-American women face unconstitutional invasion of privacy, racial targeting, and severe disparities in reproductive rights.
Historical context of slavery and post-reconstruction policies reveals systemic injustices targeting women of color and poor women.
US policies like Mexico City Policy and Helms Amendment restrict reproductive health care globally, impacting access to essential services and promoting reproductive rights limitations.
Deep dives
Injustice in Reproductive Health Care
Women, particularly poor and African-American women, face unconstitutional invasions of privacy and racial targeting in cases involving miscarriages or stillbirths. Examples include women being charged with murder after a miscarriage and black women treated differently than white women by medical providers. These racialized injustices highlight the intersections of race, poverty, and reproductive rights.
Historical Context of Racial Targeting
The historical context of slavery and post-reconstruction era policies is highlighted, emphasizing the systemic targeting of women of color and poor women. Practices like forced sterilization, discriminatory apprentice laws, and racial disparities in medical treatment illustrate the long-standing racial injustices embedded in reproductive and criminal justice systems.
Contemporary Impact on Marginalized Women
The modern-day ramifications of historical injustices continue to affect women of color and poor women, leading to over-policing, criminalization, and structural discrimination. Cases of incarceration for non-violent offenses, discriminatory practices in healthcare, and societal stereotypes contribute to the systemic marginalization of these groups.
Global Reproductive Health Policies
US policies such as the Mexico City Policy and the Helms Amendment extend restrictions on reproductive health care internationally, limiting access to essential services like abortion and family planning. The global gag rule impacts foreign aid recipients by imposing restrictions on abortion-related services and information, reflecting a broader effort to influence reproductive rights worldwide.
Call for a Reproductive Justice Bill of Rights
Amid ongoing challenges to women's reproductive rights, the proposal for a Reproductive Justice Bill of Rights emerges as a critical framework to protect and uphold the autonomy, dignity, and equality of women, LGBTQ individuals, and marginalized communities. This inclusive approach seeks to address the multi-faceted barriers to reproductive health care and advocate for comprehensive rights and protections.
Policing the Womb: Invisible Women and the Criminalization of Motherhood(Cambridge University Press, 2020) a brilliant but shocking account of the criminalization of all aspects of reproduction, pregnancy, abortion, birth, and motherhood in the United States. In her extensively researched monograph, Michele Goodwin recounts the horrific contemporary situation, which includes, for example, mothers giving birth shackled in leg irons, in solitary confinement, even in prison toilets, and in some states, women being coerced by the State into sterilization, in exchange for reduced sentences. She contextualises the modern day situation in America’s history of slavery and oppression, and also in relation to its place in the world. Goodwin shows how prosecutors abuse laws, and medical professionals are complicit in a system that disproportionally impacts the poor and women of color. However, Goodwin warns that these women are just the canaries in the coalmine. Not only is the United States the deadliest country in the developed world for pregnant women, but the severe lack of protections for reproductive rights and motherhood is compounding racial and indigent disparities.
Jane Richards is a doctoral candidate in Human Rights Law at the University of Hong Kong. Her research interests include disability, equality, criminal law and civil disobedience. You can find her on twitter @JaneRichardsHK where she avidly follows the Hong Kong’s protests and its politics.