Robin Mackenzie and John Watts
The purpose of this paper is to clarify: the law on capacity to consent to sex; ethical and legal factors in assessing decision‐making capacity of those on the autism (ASD) and…
Abstract
Purpose
The purpose of this paper is to clarify: the law on capacity to consent to sex; ethical and legal factors in assessing decision‐making capacity of those on the autism (ASD) and neurodiverse (ND) spectrums; and the legal obligations to promote sexual health devolving to local authorities from April 2013. We make proposals to ensure socio‐sexual competence by providing appropriate sex and relationship education (SRE).
Design/methodology/approach
Critical legal analysis of case law and legislation on the capacity of the vulnerable to consent to sex, in the context of those diagnosed on the autism and neurodiverse spectrums.
Findings
Consent to sex cannot be regarded as informed, autonomous, valid and lawful without socio‐sexual competence. Sex and relationships education should be provided to ensure socio‐sexual competence, in keeping with international conventions and national laws and policies.
Research limitations/implications
There is an urgent need for research into the needs and experiences of people with ASD/ND and their families/carers with regard to the efficacy and tailoring of SRE strategies. This research should feed into SRE family intervention programmes (SREFIPs), developed in partnership with people with ASD/ND, their families/carers and professionals.
Originality/value
This article seeks to resolve many of the existing legal uncertainties surrounding the capacity to consent to sex and to propose novel solutions to ensure the socio‐sexual competence of those diagnosed on the ASD or ND spectrums in relation to their rights to sexual expression.
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The sociological and socio-legal literatures on social movements have identified three main types of “legal framing” in contemporary social movement discourse: collective rights…
Abstract
The sociological and socio-legal literatures on social movements have identified three main types of “legal framing” in contemporary social movement discourse: collective rights framing, individual rights framing, and nationalistic legal framing. However, it is unclear from the current research how movement actors decide which of these framing strategies to use, under what circumstances, and to what effect. In this article, I offer a model for future empirical research on legal framing, which (1) distinguishes legal framing by its argumentative structure, ideological content, and remedy; and (2) analyzes how a social movement’s internal culture and institutional environment constrain the symbolic utility of particular legal frames and shape the movement’s legal framing strategy. I argue that the alternative approach offered here will help theorize how social movements strike a balance between the institutional pressure to reproduce dominant ideologies and the internal pressure to reform those ideologies. This perspective thus helps build socio-legal theory on the relationship between legal framing and social subordination, and on the conditions under which movements will be able to inflect legal language with insurgent social movement values.
Carla V. Leite and Ana Margarida Almeida
This research proposes a framework to guide the development and analysis of digital interventions, namely, through mobile applications, regarding labor and birth. By complying…
Abstract
Purpose
This research proposes a framework to guide the development and analysis of digital interventions, namely, through mobile applications, regarding labor and birth. By complying with current scientific evidence, this paper aims to contribute to the safeness and completeness of perinatal health education targeting expectant parents.
Design/methodology/approach
A content analysis was conducted on a document containing World Health Organization guidelines for intra-partum, considering the following categories: timeframe, care options, category of recommendation, to create a data set clearly distinguishing between recommendations and non-recommendations. Context-specific and research-context recommendations, details from dosages, measurements and timings, infant care and non-immediate postpartum topics were considered out of the scope of this study.
Findings
The results were summarized in a table, ready to be used as a data set, including the following 16 care options ranging from health, well-being and/or rights: respect, communication, companionship, pregnant person’s monitoring, status, fetal monitoring, pain relief, pain management, amenities, labor delay prevention, progress, freedom of choice, facilitation of birth, prevention of postpartum hemorrhage, umbilical cord care and recovery. These were distributed across six timeframes: always, admission, first, second and third stage of labor and immediate postpartum. In addition, recommendations and non-recommendations are displayed in different columns.
Originality/value
This transdisciplinary research intends to contribute to: future research on perinatal education; the creation of digital interventions, namely, m-health ones, targeting expectant parents by providing a framework of content coverage; the endorsement of the rights to Information and to decision-making. Ultimately, when put into practice, the framework can impact self-care through access to perinatal education.
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Janice Kathleen Moodley, Bianca Rochelle Parry and Marie Claire Van Hout
The menstrual health and menstrual hygiene management (MHM) of incarcerated women remains relatively low on the agenda of public health interventions globally, widening the…
Abstract
Purpose
The menstrual health and menstrual hygiene management (MHM) of incarcerated women remains relatively low on the agenda of public health interventions globally, widening the inequitable access of incarcerated women to safe and readily available menstrual health products (MHP). The COVID-19 pandemic has adversely impacted on the MHM gains made in various development sectors in the global North and South, through its amplification of vulnerability for already at-risk populations. This is especially significant to developing countries such as South Africa where the incarcerated female population are an often-forgotten minority.
Design/methodology/approach
This viewpoint highlights the ignominious silence of research and policy attention within the South African carceral context in addressing MHM. The ethical and political implications of such silences are unpacked by reviewing international and local literature that confront issues of inequality and equitable access to MHP and MHM resources within incarcerated contexts.
Findings
Structural inequalities in various contexts around the world have exacerbated COVID-19 and MHM. Within the prison context in South Africa, women face multiple layers of discrimination and punishment that draw attention to the historical discourses of correctional facilities as a site of surveillance and discipline.
Research limitations/implications
This study acknowledges that while this viewpoint is essential in rising awareness about gaps in literature, it is not empirical in nature.
Practical implications
The authors believe that this viewpoint is essential in raising critical awareness on MHM in carceral facilities in South Africa. The authors hope to use this publication as the theoretical argument to pursue empirical research on MHM within carceral facilities in South Africa. The authors hope that this publication would provide the context for international and local funders, to assist in the empirical research, which aims to roll out sustainable MHP to incarcerated women in South Africa.
Social implications
The authors believe that this viewpoint is the starting point in accelerating the roll out of sustainable MHP to incarcerated females in South Africa. These are females who are on the periphery of society that are in need of practical interventions. Publishing this viewpoint would provide the team with the credibility to apply for international and national funding to roll out sustainable solutions.
Originality/value
It is hoped that the gaps in literature and nodes for social and human rights activism highlighted within this viewpoint establish the need for further participatory research, human rights advocacy and informed civic engagement to ensure the voices of these women and their basic human rights are upheld.
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This article examines the dialectics of wrongful life and wrongful birth claims in Israel from 1986 until 2012. In May 2012 Israeli Supreme Court declared that while wrongful…
Abstract
This article examines the dialectics of wrongful life and wrongful birth claims in Israel from 1986 until 2012. In May 2012 Israeli Supreme Court declared that while wrongful birth claims were still permitted, wrongful life claims were no longer accepted in a court of law. The article examines the conditions that allowed for and supported the expansion of wrongful life/birth claims until 2012. The article identifies two parallel dynamics of expansion: a broadening of the scope of negligent conduct and a view of milder forms of disabilities as damage that merits compensation. The article further suggests four explanations for such doctrinal evolution, two of which emanate from doctrinal ambiguities and the other two are rooted in social factors that have shaped the meaning of disability as a tragedy and state of inferiority. While recent developments seem promising, the article concludes with a word of caution. Such changes may reproduce past injustices mainly because the compensation mechanism has remained an individual-torts based one, which may run counter to the broader struggle for social change for disabled people.
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With an aim to investigate the recent state of the feminist clinics and their negotiation of medical authority in a time of increased technoscientific biomedicalization, and…
Abstract
With an aim to investigate the recent state of the feminist clinics and their negotiation of medical authority in a time of increased technoscientific biomedicalization, and capitalistic health-care system, I conducted a study of two feminist health centers in the Northeast of the United States in 2001–2002. In this chapter, I discuss how the two centers (a nonprofit collective and a for-profit center with a more hierarchical structure) negotiated medical authority in organizational terms as impacted by the larger context of medicine and its interaction with the state, capitalist health-care system, and antiabortion forces. The chapter concludes with a discussion of demedicalization as a multilevel process and implications for feminist care (service delivery) and U.S. Women's Health Movement.
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This article examines the persistence of a “rights” movement in a political environment rife with the language of personal responsibility. Through an analysis of interviews of…
Abstract
This article examines the persistence of a “rights” movement in a political environment rife with the language of personal responsibility. Through an analysis of interviews of welfare rights activists in three states, this article explores the frequency and type of both “rights” and “needs” discourse frameworks. Neither rights nor needs language is employed frequently in the interviews. Activists do not view the language of rights and needs as necessarily conflictual. Furthermore, race appears to play some role in discourse choices between rights and needs. African American women utilize both rights and needs rhetoric, while White women prefer needs language. The results offer evidence of the centrality of race in understanding discourse choices among those struggling to gain recognition of basic human needs and rights.
The discourse of the “poor oppressed other woman” has been reinvigorated by the conservative turn in international politics. Thus, the Bush administration's deployment of her to…
Abstract
The discourse of the “poor oppressed other woman” has been reinvigorated by the conservative turn in international politics. Thus, the Bush administration's deployment of her to justify the war in Afghanistan has been roundly criticized by feminist theorists (Braidotti, 2005; Youngs, 2006, p. 9). In this light, this chapter's criticism of another figure of “the third world woman”, the apparently more positive “super heroine” of women's liberation (see Ram, 1991) or worthy recipient of development might seem churlish and misplaced. However, the super heroine of development is also constrained by and assimilated within the dominant discourses of emancipation and development (as Mohanty, 1991, so famously argued): women are “objectified as beneficiaries and victims” (Youngs, 2006, p. 9).