The misrepresentation of conscientious objection as a new strategy of resistance to abortion decriminalisation

Undurraga, Verónica; Sadler, Michelle

doi:10.1080/26410397.2019.1610280

Cited by 9 publications

(6 citation statements)

References 5 publications

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“…Previous research in Argentina suggests conscientious objection may be multi-faceted, reflecting stigma, positions of hospital leadership, and workload as much as personal religious and moral beliefs [35]. High rates of conscientious objection may leave facilities with few providers willing to perform abortions [44][45][46][47]. Despite the legal obligation to refer to a non-objecting provider, pervasive refusals may force women to travel further, incur additional costs, and face delays [47,48].…”

Section: Plos Onementioning

confidence: 99%

Improving measures of access to legal abortion: A validation study triangulating multiple data sources to assess a global indicator

et al. 2023

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Background Global mechanisms have been established to monitor and facilitate state accountability regarding the legal status of abortion. However, there is little evidence describing whether these mechanisms capture accurate data. Moreover, it is uncertain whether the “legal status of abortion” is a valid proxy measure for access to safe abortion, pursuant to the global goals of reducing preventable maternal mortality and advancing reproductive rights. Therefore, this study sought to assess the accuracy of reported monitoring data, and to determine whether evidence supports the consistent application of domestic law by health care professionals such that legality of abortion functions as a valid indicator of access. Methods and findings We conducted a validation study using three countries as illustrative case examples: Argentina, Ghana, and India. We compared data reported by two global monitoring mechanisms (Countdown to 2030 and the Global Abortion Policies Database) against domestic source documents collected through in-depth policy review. We then surveyed health care professionals authorized to perform abortions about their knowledge of abortion law in their countries and their personal attitudes and practices regarding provision of legal abortion. We compared professionals’ responses to the domestic legal frameworks described in the source documents to establish whether professionals consistently applied the law as written. This analysis revealed weaknesses in the criterion validity and construct validity of the “legal status of abortion” indicator. We detected discrepancies between data reported by the global monitoring and accountability mechanisms and the domestic policy reviews, even though all referenced the same source documents. Further, provider surveys unearthed important context-specific barriers to legal abortion not captured by the indicator, including conscientious objection and imposition of restrictions at the provider’s discretion. Conclusions Taken together, these findings denote weaknesses in the indicator “legal status of abortion” as a proxy for access to safe abortion, as well as inaccuracies in data reported to global monitoring mechanisms. This information provides important groundwork for strengthening indicators for monitoring access to abortion and for renewed advocacy to assure abortion rights worldwide.

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Section: Plos Onementioning

confidence: 99%

Improving measures of access to legal abortion: A validation study triangulating multiple data sources to assess a global indicator

et al. 2023

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“…In Chile pressure from conservative groups meant that finally the law allowed both possibilities of conscientious objection xii . However, since legal abortion in these three restricted circumstances was approved, several private clinics and health centres, in particular those related to Catholic universities, have registered as institutional objectors (Maira et al, 2019;Undurraga and Sadler, 2019). Indeed research reveals that since the law was passed in September 2017, among obstetrician-gynaecologists working in the 69 public hospitals in Chile designated to provide abortion services, 47 percent claimed CO status for cases involving rape, 27 percent for cases involving a fetal anomaly and 20 percent for cases in which the woman's life is at risk (Casas et al, 2020, forthcoming).…”

Section: Private Healthcare: Praise It and Pay For Itmentioning

confidence: 99%

Protecting, Empowering, or Penalizing Motherhood? The Contradictory Treatment of Women in Chilean Social Policies

Gideon

Ramm

Minte³

et al. 2021

Social Politics: International Studies in Gender, State &Amp; Society

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This article contributes to the discussion of gendered social policy in Latin America. Despite considerable attention to the Chilean case, few studies have provided a comparative analysis of how the articulation of gender through motherhood differs across social sectors. We contrast the case of the health sector with the examples of housing and labor market policies to demonstrate that the framing of motherhood in Chilean social policies is not uniformly articulated. We note the diverse and contradictory nature of gendered narratives and practices across the sectors and argue that it still predominantly shapes women’s access to social policy.

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“…13 Undurraga and Sadler have argued that those opposed to abortion in Latin America have strategically misrepresented conscientious objection in order to resist abortion following decriminalisation in various countries. 14 Similarly strategies could be pursued in Ireland and Northern Ireland. Finally, there have also been reports of distinctly unethical behavior by healthcare professionals following abortion's legalisation in Ireland, although whether any formal complaints have been made is not clear.…”

Section: Conscientious Objectionmentioning

confidence: 99%

After abortion’s arrival in Northern Ireland: Conscientious objection and other concerns

Emmerich

2020

Clinical Ethics

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Until recently, Northern Ireland was infamous for having one of the most restrictive legal frameworks for abortion in Europe. This meant that few were performed in the country, and those who wished to terminate a pregnancy were forced to travel to other parts of the UK or further afield. In 2019 a continuing political stalemate in Northern Ireland has indirectly resulted in the relevant legislation recently being repealed by the UK government. For a short time, this meant that the legal position in Northern Ireland regarding abortion became one of the most permissive in Europe. This short paper sets out the current position and, in the light of the political and legislative roadmap set out by the Northern Ireland Office, identifies and briefly discusses some potential problems that might arise. Most notable are the points raised with regard to conscientious objection. Specifically, the potential for developments in Northern Ireland to further calls for healthcare professional’s ability to rely upon conscientious objection to be removed.

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The misrepresentation of conscientious objection as a new strategy of resistance to abortion decriminalisation

Cited by 9 publications

References 5 publications

Improving measures of access to legal abortion: A validation study triangulating multiple data sources to assess a global indicator

Improving measures of access to legal abortion: A validation study triangulating multiple data sources to assess a global indicator

Protecting, Empowering, or Penalizing Motherhood? The Contradictory Treatment of Women in Chilean Social Policies

After abortion’s arrival in Northern Ireland: Conscientious objection and other concerns

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