Vaginal Examinations During Childbirth: Consent, Coercion and COVID-19.

IF 2 3区社会学 Q1 LAW Feminist Legal Studies Pub Date : 2021-01-01 Epub Date: 2021-04-08 DOI:10.1007/s10691-021-09453-7

Anna Nelson

引用次数: 0

Abstract

In this paper I assess the labour ward admission policies introduced by some National Health Service (NHS) trusts during the COVID-19 pandemic, arguing that these intersected with other policies in a manner which may have coerced birthing people into consenting to vaginal examinations they might have otherwise refused. In order to fully understand the potential severity of these policies, I situate this critique in the historical and contemporary context of the problematic relationship between consent and vaginal examinations. Identifying the legal wrongs associated with performing coerced vaginal examinations, I highlight that the law is inadequately equipped to provide appropriate redress. Further, I illustrate that the issue explored in this paper reflects broader problems which exist with regard to the focus of, and the (under)investment in, the maternity services.

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分娩时的阴道检查：同意、强迫和 COVID-19。

在本文中，我评估了在 COVID-19 大流行期间一些国民健康服务（NHS）信托机构推出的产房入院政策，认为这些政策与其他政策交织在一起，可能会胁迫分娩者同意进行阴道检查，否则他们可能会拒绝。为了充分理解这些政策的潜在严重性，我将这一批评置于同意与阴道检查之间存在问题的历史和当代背景中。我指出了与强迫阴道检查相关的法律错误，并强调法律不足以提供适当的补救措施。此外，我还说明，本文所探讨的问题反映了产科服务的重点和（投资不足）方面存在的更广泛问题。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Feminist Legal Studies Multiple-

CiteScore

2.90

自引率

0.00%

发文量

期刊介绍： Feminist Legal Studies is committed to an internationalist perspective and to the promotion and advancement of feminist scholarship in all areas of law. It aims to publish critical, interdisciplinary, theoretically engaged feminist scholarship relating to law (broadly conceived) and has a particular interest in work that extends feminist debates and analysis by reference to critical and theoretical approaches and perspectives, including postcolonial, transnational and poststructuralist work. Although the focus of the journal is law, the editorial board encourages the submission of papers from people working outside the academy, as well as academics other than lawyers as well as interdisciplinary work addressing the concerns not only of lawyers but others, women and men, interested in feminist work. The editorial board is a collective drawn from feminists working at leading law schools across the UK. A full list of the editorial board can found on the Journal’s website: http://www.springer.com/law/international/journal/10691?detailsPage=editorialBoardAlongside traditional articles and book reviews Feminist Legal Studies is committed to publishing material that challenges conventional forms of academic writing/knowledge and encourages creative approaches to scholarship, analysis and debate. Such material is normally published in our “Creative Content” section (see Instructions for Authors for more details). The board also welcomes proposals for themed issues of the journal.