生殖政治:以色列对多布斯案判决的看法。

IF 3.5 4区 医学 Q1 HEALTH POLICY & SERVICES Israel Journal of Health Policy Research Pub Date : 2023-01-24 DOI:10.1186/s13584-022-00550-9
Carmel Shalev
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引用次数: 0

摘要

背景:这篇评论文章着眼于最近美国最高法院在多布斯诉杰克逊妇女健康组织案中的判决,然后将美国的堕胎法与以色列的一般生殖医学法律进行比较。多布斯案的判决证实了密西西比州一项限制堕胎的法律,同时推翻了罗伊诉韦德案(Roe v. Wade)关于妇女安全堕胎的宪法权利的具有里程碑意义的先例。它宣布,美国宪法不赋予妇女任何堕胎权利,无论是在怀孕前还是怀孕后,这在全世界引起了冲击波。它还对美国妇女的生殖健康产生了直接影响。主体:妇女享有生育自由和对自己的生活和身体作出决定的权利,是她们来之不易的平等的关键。尽管如此,堕胎在世界范围内仍然存在争议,法律障碍影响着最脆弱的群体。在以色列,无论是在法律上还是在实践中,堕胎都是相对可行的、可获得的、负担得起的和可接受的。这是因为犹太律法传统中拉比权威的宽容和微妙的立场。这一立场,加上以色列大屠杀后的圣经文化"生养众多",也是其医疗辅助生殖治疗不孕症的高比率的基础,包括对受精卵进行植入前遗传学诊断。妇女的身体调节所有这些生殖遗传技术,在大多数情况下是为了他人的利益,而不是因为她们自己的健康需要。还令人关切的是,全球的做法和市场力量将妇女的身体物化,剥削妇女,损害她们的健康、福祉和尊严,延续了过时的父权模式。结论:生殖健康政策的基础应该是首先对妇女及其选择生育的孩子负责的伦理道德,本着妇女的生命比胎儿的生命更有价值的犹太传统精神。女性有权控制自己的身体和生活,有权尊重她们做出的最好的选择,当涉及到堕胎时,这些选择大多是艰难的。她们有生育选择、自由、自主和尊严的权利。这一观点仅代表作者的观点。
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Politics of reproduction: a view from Israel on the Dobbs decision.

Background: This opinion piece looks at the recent decision of the United States Supreme Court in Dobbs v. Jackson Women's Health Organization and then compares the law on abortion in the USA to the law in Israel on reproductive medicine in general. The Dobbs decision validated a Mississippi state law that restricted access to abortion, while overruling the landmark precedent of Roe v. Wade on women's constitutional right to safe abortion. It declared that the US constitution does not confer upon women any right to abortion, whether pre- or post-viability, sending shockwaves throughout the world. It also had an immediate effect on women's reproductive health in the US.

Main body: Women's right to reproductive freedom and to make decisions about their lives and their bodies is key to their hard-won equality. Still, abortion remains in ongoing controversy worldwide with legal barriers that impact upon the most vulnerable. In Israel, abortion is relatively available, accessible, affordable, and acceptable, in both law and practice. This is because of the lenient and nuanced stance of rabbinical authorities in the Jewish law tradition. This stance, together with Israel's post-Holocaust biblical culture of "be fruitful and multiply", also underlies its high rates of medically assisted reproduction for the treatment of infertility, including preimplantation genetic diagnosis of fertilized eggs. Women's bodies mediate all these repro-genetic technologies, in most cases for the benefit of others, not because of their own health needs. There is also concern about global practices and market forces that objectify women's bodies, exploit women and are harmful to their health, wellbeing, and dignity, carrying on outdated patriarchal patterns.

Conclusion: Reproductive health policy ought to be based on an ethic of care and responsibility first and foremost for the women, as well as the children they choose to bring to life, in the spirit of the Jewish tradition that her life is of greater value than the fetus'. Women deserve control of their bodies and their lives and respect for the choices they make to the best of their judgment, which when it comes to abortion are mostly hard ones. They have a right to reproductive choice, freedom, autonomy, and dignity. The views expressed in this perspective are those of the author.

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来源期刊
CiteScore
6.20
自引率
4.40%
发文量
38
审稿时长
28 weeks
期刊最新文献
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