Pregnant?  In Labor?  Your Rights are Under Attack: 

Reflections from the National Summit to Ensure the Health and Humanity

of Pregnant and Birthing Women

(c) 2007 by Barbara Behrmann, Ph.D.

Having a baby in the United States?  Know someone who is?  If you believe that women should have some say over what happens to them during labor and childbirth, read on: 

Over 300 hospitals around the country insist that once a woman has had a c-section, she may no longer have a vaginal birth.  In some case the state has taken take control of her unborn baby and force her to be cut open against her will. 

Not one state has a law that prohibits a hospital from banning VBACs (vaginal births after a c-section.

Only two states, New York and Massachusetts, are required to disclose the birth-related statistics of hospitals, including procedures such as c-sections, inductions, episiotomies, and more.  And even these two relatively progressive states lack a mechanism to enforce compliance.

Midwives, the most highly qualified professionals to assist healthy women with healthy pregnancies, are finding it increasingly hard to provide care to women.

Only one state, Illinois, prohibits using restraints on pregnant women in labor.

Just like there are still women who have “back-alley” abortions, more and more women are resorting to “back-alley” home births when they can’t find a provider legally able to assist them.

Vaginal breech birth is virtually unobtainable in the United States.  We can’t remove the organs of a dead person without permission, explains Henci Goer, author of Obstetric Myths vs. Research Realities, yet we force women to have surgery against their will.  “Do we really hold a pregnant woman’s rights lower than that of a corpse?”  One of the big unanswered questions then, is at what point in pregnancy does a woman lose her civil rights?

These are just some of the reasons why over 300 women recently gathered in Atlanta Georgia to take place in a groundbreaking gathering, The National Summit to Ensure the Health and Humanity of Pregnant and Birthing Women. 

It isn’t everyday you feel that you are part of history in the making.  But that’s exactly what it felt like to be part of this remarkable event.  I returned angry, frustrated, energized, humbled, awe-struck, and guardedly hopeful and optimistic.  It was clearly not your everyday conference! 

A New Understanding of Reproductive Rights

One of the goals in bringing together this diverse group of women was to help participants understand the common threats and threads that impact the lives of pregnant women, birthing women, indeed, all women of reproductive age.  And it was to reduce the divisiveness and polarization that have existed among the various organizations and individuals who strive to make the world safer and better for women.  

Lynn Paltrow, Executive Director of the National Advocates for Pregnant Women, talked about the common thread woven throughout the Summit - the need to expand our understanding of reproductive rights.  Women’s ability to control our reproduction goes far beyond our right not to have a child, and fundamentally includes our right to bear that child.  The right to give birth at home, the right to have a VBAC (vaginal birth after Caesarean ), the right to breastfeed, the right to dignity during labor and childbirth, these are all reproductive rights, rights that are increasingly under attack.  

But because so much legislative focus has centered around abortion (in 2005 alone, over 650 bills were introduced that would have an adverse impact on the rights of pregnant women), little attention has been paid to the erosion of the reproductive rights of women who want to have children. 

In short, regardless of your personal views on abortion, the concept of fetal rights has serious consequences for women who want to have their babies.   It’s what allows a judge to take away a mother’s custody of the life inside her, and instead turn it over to the state.  It’s what allows a woman to be tied down and cut open against her consent.  It’s what causes a woman to be charged with child abuse of her unborn child instead of being given the help she needs. 

By granting a fetus legal status, a pregnant woman’s rights are increasingly at risk.  Any risk of harm to a fetus, however unintentional, can end up with a charge of manslaughter.  And the same logic that is used to prosecute a pregnant woman using drugs can be used to prosecute a middle-class woman who wants a home birth.  

New Dialogue

Part of what made the Summit an unprecedented event was the diversity of  individuals and organizations who participated:  women threatened with child protective services because they chose to exercise their legal option of giving birth at home; an obstetrician who witnessed a 14 year old girl die six hours after coming into his care because she couldn’t tell her parents she’d had an unsafe abortion; low-income moms in recovery who had been denied treatment to overcome addiction, but either had their children taken away or were arrested for the still birth of their children;  activists fighting for the parenting rights of gay and lesbians, attorneys helping mothers fight discrimination in the work; doulas who work with mothers in prison; and hundreds of others: academics, attorneys, mothers, students, doulas, midwives, journalists, doctors, and more.  “Do you think we’ll look back at this someday and think of it as another Seneca Falls?” asked a participant, referring to the birth place of the women’s movement in the 1800s. 

The Personal is Still Political 

Paltrow, visionary force behind the summit, understands that the personal is still political. 

Partly for this reason – and unlike any other conference I’ve ever attended - every speaker was asked to preface her talk by starting with her own reproductive history.  Paltrow hoped that in hearing everyone’s stories, we would see that there aren’t two kinds of women:  those who have abortions and those who become mothers.  “We are all just women at different points in our lives,” she asserts.  

And the response?  Participants talked about the culture of the summit as a model for other conferences.  And the candor and intimacy with which so many women spoke, powerfully revealed that what unites us as women is indeed far greater than what divides us.  We can read all the statistics we want, but as necessary as it is to have this broader picture before us, it is the story that moves us to tears, that helps us see ourselves reflected in each others’ lives. 

But there is a danger of looking at one woman’s experience without considering the context that shapes her options.  State law, for example, determines how easy or difficult it is for a woman to give birth safely at home birth.  Hospital policy affects whether or not a woman who has had a c-section will ever be allowed to birth vaginally.  One’s race or class influences her access to resources and how she is likely to be treated by the medical community.  A fear of being turned in to child protective services prevents a woman from seeking treatment for substance abuse.   When we combine stories with context we set the stage for action and activism. 

A Sampling of Stories

Tayshea Aiwohi, a shy, beautiful woman with an almost regal bearing, shared her story of being the first woman in Hawaii arrested for causing the death of her newbon son. as a result of behavior during her pregnancy.  Ostracized in her community, she overcame her prosecution and addition and now helps other women through recovery so they, too, can be reunited with their children.   As her eyes filled with tears, she received a standing ovation.

Maddy Oden, a woman of amazing presence, talked about a devastating loss when a doctor coerced her very healthy daughter into having an induction to kick start labor.   He used cytotec, claiming that it was safe.  The result?  An amniotic fluid ambolism causing the death of mother and baby.

Ina May Gaskin, internationally renowned midwife, brought with her the quilt from the Safe Motherhood Quilt Project.  Just as the AIDS quilt honors lives cut short by a deadly disease, each square of the safe motherhood quilt remembers a women who has died in pregnancy and childbirth.  Ina May knows the story behind each square.

Laura Pemberton, a soft-spoken, “pro-life” mother of 8, talked about her inability to find a single doctor in all of Florida who would let her have a VBAC.  Pressured into her previous c-section and wanting to avoid it this time around, Laura undertook extensive research and decided to have a midwife attended home birth.

When she became dehydrated during labor, Laura decided to go to the hospital to restore her energy level.  But when the doctor found out she was trying to deliver at home, she refused to give her an IV.  The only way she would do it was if Laura signed for a c-section.  If she didn’t sign?  The nurse would begin a court order and would send hospital administrators to speak with her.

Although it is not illegal for a woman to give birth at home, the only way Laura could escape the hospital was to flee down a back entrance, barefoot, at seven centimeters dilated.

Once home, Laura felt safe.  The baby was positioned properly.  But before she knew it, the sheriff and state attorney were entering her bedroom.   And when the court order came, they forced her onto a stretcher and into the ambulance.  She pleaded.  She screamed.  She felt total humiliation.  But in the end, with only one centimeter to go, with her fingers able to feel her baby’s head, they cut her open anyway.

After the birth, Laura argued that her civil rights had been violated, but the court disagreed.  “I have been raped by the system,” she says.  “May God use me to see that nobody should ever have to go through what I did.”

Laura has since moved to another state and has had four successful VBACs.  She had them in hiding, unassisted.   

Get Involved!

Regardless of your personal views on abortion, there are endless ways to help restore dignity and freedom to women having babies. We need to address the real issues of women,” Paltrow asserts.  “To say, ‘What do you need to be able to lead healthy productive lives for you and your families?’  And how do we keep things human for everybody?” 

Click here to read more about the Summit, the work of the National Advocates for Pregnant Women, and what you can do to help make a difference.

Click here to read an interview with Lynn Paltrow.

Click on the organizations below to learn about some of the organizations participating in the summit:

African American Women Evolving

Citizens for Midwifery

International Cesarean Awareness Network

IPAS

Lamaze Institute for Normal Birth

Mapping Our Rights

National Latina Institute for Reproductive Health

National Women’s Law Center

Our Bodies, Our Selves

The Rebecca Project for Human Rights

Women of Color Reproductive Health Collective


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©2006 Barbara L. Behrmann. All Rights Reserved.