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The Center for Reproductive Rights uses the power of law to advance reproductive rights as fundamental human rights around the world.

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Learn more about the work we do around the globe to protect and advance reproductive rights

Latest on Twitter

The #COVID19 pandemic has caused a decrease in access to contraceptive care around the globe. The consequence? An estimated 1.4 million unintended pregnancies. Read more via @TheLily: https://t.co/MRTWpQtsYH

The Center is actively litigating 30+ cases in 19 states in the U.S. And we'll continue to take states to court to ensure everyone has access to the reproductive care they need. Support the Center to help us continue this critical work in 2021 and beyond.

https://t.co/OKWAUhZ3SX

The Center is #hiring! We're looking for a Content Writer/Web Editor who will play a significant role in creating and managing content for the Center's website and other communications.

Apply today! #applynow #reproductiverights #reprojobs
https://t.co/UQycHl47Mc

Anti-abortionists have made it clear that they don't just want to overturn #RoevWade, they want to completely ban abortion in the U.S.

Center CEO and President Nancy Northup spoke with @nytimes about why we are still far from that threat becoming reality. https://t.co/bksxtaNbQW

Whether you're looking for a quick overview or want to dive deeper into the Center's cases, policy & advocacy work, or publications, the NEW https://t.co/QTucSd2Qwa is your go-to resource on all things reproductive health and rights. Check it out! ⬇️

Interactive map that shows the effects by state if the U.S. Supreme Court overturned or weakened Roe v. Wade.

Interactive map that analyzes abortion laws and policies across the globe.

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Learn more about the work we do around the globe to protect and advance reproductive rights The #COVID19 pandemic has caused a decrease in access to contraceptive care around the globe. The consequence? An estimated 1.4 million unintended pregnancies. Read more via @TheLily: https://t.co/MRTWpQtsYH The Center is actively litigating 30+ cases in 19 states in the U.S.

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Rights to be expected moving forward with Reproductive Justice.

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Rights to be expected moving forward with Reproductive Justice.

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Forward Together unites communities to win rights, recognition and resources for all families.

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Rights, Recognition and Resources for All Families

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From Berkley Law.

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BWB TRC on U.S. Rapes. April 28 2020

REPOST: Black Women Lead a Truth and Reconciliation Commission on U.S. Rapes

Into the New World. February 21, 2020

Black Women's Blueprint embarks on their pilgrimage to Africa.

The Matriarchy Project. March 8, 2020

The Matriarchy Campaign Inaugural Post: On Umoja and the Brilliance of the "Third Way"

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BlackWomensBlueprint.Org | Black Feminist Organizing |United States

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BWB TRC on U.S. Rapes. April 28 2020 REPOST: Black Women Lead a Truth and Reconciliation Commission on U.S. Rapes Into the New World. February 21, 2020 Black Women's Blueprint embarks on their pilgrimage to Africa. The Matriarchy Project.

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Southern based, national membership organization working to build a network to improve policy & systems that impact reproductive lives of marginalized communities.

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What is Reproductive Justice?

SisterSong defines Reproductive Justice as the human right to maintain personal bodily autonomy, have children, not have children, and parent the children we have in safe and sustainable communities.

The Herstory of Reproductive Justice (RJ)

Indigenous women, women of color, and trans* people have always fought for Reproductive Justice, but the term was invented in 1994. Right before attending the International Conference on Population and Development in Cairo, where the entire world agreed that the individual right to plan your own family must be central to global development, a group of black women gathered in Chicago in June of 1994. They recognized that the women's rights movement, led by and representing middle class and wealthy white women, could not defend the needs of women of color and other marginalized women and trans* people. We needed to lead our own national movement to uplift the needs of the most marginalized women, families, and communities.

These women named themselves Women of African Descent for Reproductive Justice, and RJ was born. Rooted in the internationally-accepted human rights framework created by the United Nations, Reproductive Justice combines reproductive rights and social justice. The progenitors of RJ launched the movement by publishing a historic full-page statement with 800+ signatures in The Washington Post and Roll Call. Just three years later, in 1997, SisterSong was formed to create a national, multi-ethnic RJ movement.

We believe that Reproductive Justice is...

A human right. RJ is based on the United Nations' internationally-accepted Universal Declaration of Human Rights, a comprehensive body of law that details the rights of individuals and the responsibilities of government to protect those rights.

About access, not choice. Mainstream movements have focused on keeping abortion legal as an individual choice. That is necessary, but not enough. Even when abortion is legal, many women of color cannot afford it, or cannot travel hundreds of miles to the nearest clinic. There is no choice where there is no access.

Not just about abortion. Abortion access is critical, and women of color and other marginalized women also often have difficulty accessing: contraception, comprehensive sex education, STI prevention and care, alternative birth options, adequate prenatal and pregnancy care, domestic violence assistance, adequate wages to support our families, safe homes, and so much more.

To achieve Reproductive Justice, we must...

Analyze power systems. Reproductive politics in the US is based on gendered, sexualized, and racialized acts of dominance that occur on a daily basis. RJ works to understand and eradicate these nuanced dynamics.

Address intersecting oppressions. Audre Lorde said, "There is no such thing as a single-issue struggle because we do not live single-issue lives." Marginalized women face multiple oppressions and we can only win freedom by addressing how they impact one another.

Center the most marginalized. Our society will not be free until the most vulnerable people are able to access the resources and full human rights to live self-determined lives without fear, discrimination, or retaliation.

Join together across issues and identities. All oppressions impact our reproductive lives; RJ is simply human rights seen through the lens of the nuanced ways oppression impacts self-determined family creation. The intersectionality of RJ is both an opportunity and a call to come together as one movement with the power to win freedom for all oppressed people.

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SisterSong defines Reproductive Justice as the human right to maintain personal bodily autonomy, have children, not have children, and parent the children we have in safe and sustainable communities. Indigenous women, women of color, and trans* people have always fought for Reproductive Justice, but the term was invented in 1994.

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Hawaii - NARAL Pro-Choice America

Rally for #ReproFreedom!

Join us TONIGHT, October 20, at 6:00 PM ET, for an exciting digital rally to learn about Jaime Harrison and how we're fighting to elect him this November!

Abortion Providers

Abortion Providers: Restrictions
Restrictions on Who May Provide Abortion Services
Hawaii prohibits certain qualified health-care professionals from providing abortion services.

Only a licensed physician or surgeon or a licensed osteopathic physician and surgeon may provide abortion care. Haw. Rev. Stat. Ann. § 453-16(a)(1) (Enacted 1970; Last Amended 2006).

Abortion Rights

Protections: Freedom of Choice Act (FOCA)

Hawaii has created additional protections for reproductive rights by adding an affirmative right to choose into its state law. This law ensures women's access to previability abortion services and would remain in effect even if Roe v. Wade were overturned.

"The State shall not deny or interfere with a female's right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female." Haw. Rev. Stat. § 453-16 (Enacted 2006).

Biased Counseling

No state measure.

Mandatory Delays

No state measure.

Insurance Coverage for Abortion

No state measure.

Abortion Coverage for Low-Income People

Supports Low-Income Women's Access to Abortion

Hawaii allows women eligible for medical assistance for general health care to obtain state funds for abortion. No prior authorization is required. Haw. Admin. Rules § 17-1727-49(c)(7); Med-Quest Div., Hawaii Dept. of Human Servs., Medicaid Provider Manual, ch. 6, § 6.1 (Rev. Jan. 2011), at http://www.med-quest.us/PDFs/Provider%20Manual/PMChp0611.pdf.

Young People & Abortion

No state measure.

Insurance Coverage & Contraception

Supports Insurance Coverage of Contraception

Hawaii law requires health-insurance plans to provide coverage for prescription contraception.

What is required? Health-insurance plans must provide coverage for contraception, defined as all Food and Drug Administration-approved prescription contraceptive drugs or devices used to prevent pregnancy. Insurers are required to provide coverage for at least one brand of oral contraceptive from the monophasic, multiphasic, and the progestin-only categories. Additional types of oral contraceptives must be covered only if the use of covered brands has resulted, or could result, in an adverse drug reaction.

To which insurance plans does the law apply? Employer group health insurance plans issued or renewed on or after January 1, 2000.

Does the law provide additional protections for women? Yes. Insurers may not impose unusual copayments, charges, or waiting periods for contraception.

Does the law contain a refusal clause, allowing certain employers and/or insurers to refuse to provide or pay for contraceptive coverage? Yes.

To whom does the refusal clause apply? Religious employers, or any educational, health-care, or other nonprofit institution or organization owned or controlled by a religious employer, for whom contraception is contrary to their religious tenets.

What does the refusal clause allow? A religious employer, or any educational, health-care, or other nonprofit institution or organization owned or controlled by a religious employer, may require issuers of its health-insurance plans to exclude coverage of contraceptive services and supplies.

Is this refusal clause overbroad, jeopardizing insurance coverage for contraception for women? Yes. The law exempts a "religious employer" defined as a nonprofit organization that has the purpose of inculcation of religious values, primarily employs persons who share the religious tenets of the entity, and is not staffed by public employees, as well as any educational, health-care, or other nonprrofit institution or organization owned or controlled by a religious employer. This broad refusal clause inappropriately includes entities that operate in the public sphere.

Does the law require the refusing entity to notify the persons affected? Yes. An employer exercising a refusal clause must: (1) provide written notice to enrollees upon enrollment in the health plan, listing the contraceptive health-care services the employer refuses to cover for religious reasons; and (2) provide prompt written information describing how to access contraception.

Are there circumstances under which a refusal clause may not be exercised? Yes. A refusal clause may not be used to exclude coverage for prescription contraception ordered for reasons other than contraceptive purposes, such as decreasing the risk of ovarian cancer or eliminating the symptoms of menopause, or for prescription contraception necessary to preserve the life or health of an enrollee.

Does the law provide a mechanism for women to obtain contraceptive coverage if their employer exercises a refusal clause? Yes. Enrollees in an exempted health plan may purchase contraceptive coverage directly from the insurer, and the cost shall not exceed the enrollee's pro-rata share of the price the group purchaser would have paid had the employer not invoked the religious exemption.

Haw. Rev. Stat. Ann. §§ 431:10A-116.6 (Enacted 1993; Last Amended 2003), -116.7 (Enacted 1999, Last Amended 2003); 432:1-604.5 (Enacted 1999).

Improves Insurance Coverage of Contraception

Hawaii law requires health-insurance plans cover dispensing of a 12-month supply of prescription contraceptives.

What is required? Health-insurance plans must reimburse providers and pharmacies for dispensing up to a 12-month supply of contraceptives.

Haw. Rev. Stat. § 431:10A-116.6 (2016); Haw. Rev. Stat. § 432:1-604.5 (2016).

Contraception Coverage for Low-Income People

No state measure.

Emergency Contraception

EC in the ER

Hawaii law ensures that sexual-assault survivors receive access to emergency contraception (EC) in hospital emergency rooms. As part of the minimum standards for the examination and treatment of a sexual-assault survivor, a physician or other health-care provider must offer a sexual-assault survivor EC and provide EC to her upon request. Haw. Rev. Stat. Ann. § 321-512 (Enacted 2013).

Clinic Protections

No state measure.

Refusals & Guarantees

Refusals of Medical Care
ABORTION REFUSAL CLAUSE
Hawaii allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply? Individuals and hospitals.

What does the refusal clause allow? Allows individuals and hospitals to refuse to participate in abortion services. No individual or hospital may be liable for refusing to participate.

Does the law require the refusing individual or entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

Haw. Rev. Stat. Ann. § 453-16 (Enacted 1970; Last Amended 2008).
HEALTH-CARE PROVIDER AND HEALTH-CARE INSTITUTIONS REFUSAL CLAUSE
Hawaii allows certain individuals or entities to refuse to comply with an individual health-care instruction or decision based on conscience.

To whom does the refusal clause apply? Health-care providers and health-care institutions.

What does the refusal clause allow? Health-care providers may decline to comply with an individual instruction or health-care decision based on conscience. A health-care institution may decline to comply with an individual instruction or health-care decision if contrary to a policy of the institution which is expressly based on conscience.

Does the law require the refusing individual or entity to notify the persons affected? Yes. A health-care provider or health-care institution that refuses to comply with an individual health-care instruction or health-care decision must promptly inform the patient.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for the requested health services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause? Yes. A health-care provider or health-care institution that refuses to comply with an individual health-care instruction or health-care decision must (1) inform the patient promptly; (2) make all reasonable efforts to assist in the transfer of the patient to another health-care provider or institution that is willing to comply with the instruction or decision; and (3) provide continuing care to the patient until the transfer is accomplished or until it appears that a transfer cannot be accomplished.

Haw. Rev. Stat. Ann. § 327E-7 (Enacted 1999).
INSURANCE COVERAGE FOR CONTRACEPTION REFUSAL CLAUSE
Although Hawaii law requires health-insurance plans that cover prescription medication to provide equitable coverage for contraception, certain employers and/or insurers may require that their plans exclude coverage for contraception.

To whom does the refusal clause apply? Religious employers for whom contraceptive services and supplies are contrary to their religious tenets.

What does the refusal clause allow? A religious employer may require issuers of its health-insurance plans to exclude coverage of contraceptive services and supplies.

Does the law require the refusing entity to notify the persons affected? Yes. An employer exercising a refusal clause must: (1) provide written notice to enrollees upon enrollment in the health plan, listing the contraceptive services the employer refuses to cover for religious reasons; and (2) provide prompt written information describing how to access contraception.

Are there circumstances under which a refusal clause may not be exercised? Yes. A refusal clause may not be used to exclude coverage for prescription contraception ordered for reasons other than contraceptive purposes, such as decreasing the risk of ovarian cancer or eliminating the symptoms of menopause, or for prescription contraception necessary to preserve the life or health of an enrollee.

Does the law provide a mechanism for women to obtain contraceptive coverage if their employer exercises a refusal clause? Yes. Enrollees in an exempted health plan may purchase contraceptive coverage directly from the insurer, and the cost of purchasing such coverage shall not exceed the enrollee's pro-rata share of the price the group purchaser would have paid had the employer not invoked the religious exemption.

Is this refusal clause overbroad, jeopardizing insurance coverage for contraception for women? Yes. The law exempts a "religious employer" defined as a non-profit organization that has the purpose of inculcation of religious values, primarily employs persons who share the religious tenets of the entity, and is not staffed by public employees, as well as any educational, health-care, or other non-profit institution or organization owned or controlled by a religious employer. This broad refusal clause inappropriately includes entities that operate in the public sphere.

Haw. Rev. Stat. Ann. §§ 431:10A-116.6 (Enacted 1993; Last Amended 2003), -116.7 (Enacted 1999; Last Amended 2003), 432:1-604.5 (Enacted 1993; Last Amended 1999).

Counseling & Referral Bans

No state measure.

Everyone should be able to decide if, when, how, and with whom they start or grow a family.

By taking this action you are affirming your membership in NARAL Pro-Choice America. What's this?

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Hawaii - NARAL Pro-Choice America Join us TONIGHT, October 20, at 6:00 PM ET, for an exciting digital rally to learn about Jaime Harrison and how we're fighting to elect him this November! Abortion Providers Abortion Providers: Restrictions Restrictions on Who May Provide Abortion Services Hawaii prohibits certain qualified health-care professionals from providing abortion services.

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White supremacy's role in reproductive injustices.

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White supremacy's role in reproductive injustices.

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The Birth Justice Care Fund supports Black, Indigenous, People of Color and Queer, Trans with their pregnancy, birth and postpartum needs.

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Our worlds have been permanently altered, some more than others. Prior to the global spread of COVID-19, pregnant, birthing and postpartum black people and people of color were already struggling within a health care system rife with bias and negligence. This pandemic crisis has only exacerbated the needs of black and POC childbearing folks and their families, whether they are currently pregnant, close to delivery or newly postpartum. It is understood that these needs may extend beyond the basic need of quality care. Due to the financial aspect of this crisis, many are now in need of essentials like funds to pay for their home birth, doula support, diapers, formula, car seats, strollers, and the like.

In response, the SisterSong Birth Justice Team is expanding beyond it's normal programming to also provide financial support exclusively to Black and other people of color, especially Queer and Trans folks in need of support around their pregnancy, birth and postpartum needs.

This fund is also EXPLICITLY intended to support Black, Indigenous and People of Color (BIPOC) Birthworkers. If you are an ally or co-conspirator, we charge you with connecting clients to BIPOC community birthworkers and donating to keep this fund moving.

Please, click the link below to apply and fill out the form in it's entirety. We encourage you to elaborate and provide details when sharing your story below. Also, be advised that funds requested for birth services will be released directly to the birthworker upon approval. If you have any questions, please contact birthjusticeteam@sistersong.net. Thank you.

NOTE: The information provided in this form is confidential and will remain private to the BJ Team.

The Birth Justice Care Fund will support:

Essential Items, such as formula, diapers, wipes, clothing, car seat, changing table, and bassinets for pick up or delivery.

*Support given to families is not limited to one category.
We need your help both in building up the fund through donations, as well as in spreading the word to make sure we can get help to the people who need it.

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Our worlds have been permanently altered, some more than others. Prior to the global spread of COVID-19, pregnant, birthing and postpartum black people and people of color were already struggling within a health care system rife with bias and negligence.

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Restrictions

Hawaii law allows abortion until viability. 1 Hawaii law restricts the provision of surgical abortion care to licensed physicians. 2

Providers who violate Hawaii's abortion restrictions may face criminal penalties. 3

Protections

Hawaii law includes express statutory protections for abortion. 4 In addition, the Hawaii Constitution contains a right to privacy, which may provide additional protections for abortion. 5 The state provides public funding for abortion care. 6

In 2020, the Hawaii Attorney General joined a letter from 21 state attorneys general requesting that the U.S. Food & Drug Administration (FDA) take steps to increase access to reproductive healthcare including legal abortion, during the COVID-19 pandemic. 7

Laws that could be enforced if Roe v. Wade is limited or overturned

Hawaii does not have a pre- Roe ban, as the state legalized abortion on March 13, 1970. 8

Conclusion

If Roe v. Wade is limited or overturned, abortion will remain legal in Hawaii.

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Hawaii law allows abortion until viability. 1 Hawaii law restricts the provision of surgical abortion care to licensed physicians. 2 Providers who violate Hawaii's abortion restrictions may face criminal penalties. 3 Hawaii law includes express statutory protections for abortion. 4 In addition, the Hawaii Constitution contains a right to privacy, which may provide additional protections for abortion.

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Exec. Director SisterSong

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Reproductive justice is the right to self-determine, ft Monica Simpson of SisterSong

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As an African woman, I come from a place where sexual and reproductive health is not explicitly discussed or confronted like it is here. I've long struggled to understand the ways that issues and concepts like Reproductive Justice, Reproductive Health, and Reproductive Rights fit together and interact within the women's health movement. So, I was delighted to have the opportunity, as a NWHN intern, to attend the United Nations' 57th session of the Commission on the Status of Women (CSW57), and participate in the dialogues about these issues and women's rights. (CSW57 was held in March 2013, at the United Nations' headquarters in New York City.)

I am very interested in women's health research and advocacy to end sexual violence. My career goal is to help change policies and create global networks that improve women's status around the world, specifically on the African continent. What I learned at CSW57 is that you cannot impact sexual violence without considering Reproductive Justice, reproductive health, and reproductive rights - they are all intertwined.

These terms - "Reproductive Justice," "Reproductive Health," and "Reproductive Rights" - are often used interchangeably, but they are rooted in "different analyses, strategies, and constituencies. ¹Reproductive Justice (often just called "RJ") is defined as the physical, spiritual, political, economic, and social wellbeing of women and girls. It merges the concepts of reproductive health and social justice. ² RJ "is based on the human right to make personal decisions about one's life, and the obligation of government and society to ensure that the conditions are suitable for implementing one's decisions." ²Proponents say that it "will be achieved when women and girls have economic, social, and political power and resources to make healthy decisions about our bodies, sexuality, and reproduction for ourselves, our families and our communities in all areas of our lives." ²

"Reproductive Health" (RH) specifically promotes people's ability to "have a responsible, satisfying and safe sex life and ... the capability to reproduce and the freedom to decide if, when and how often to do so." 3 RH is about helping people access reproductive health information and services - including contraception and childbirth care. Reproductive and sexual health problems (like HIV/AIDS, maternal mortality, lack of contraception access, and teen pregnancy) are much worse in low-income communities and communities of color, due to factors like the high cost of services, lack of transportation, and restrictive laws and policies. RH is about overcoming these barriers to affordable, accessible, and culturally competent services. ¹

"Reproductive Rights" (RR) refers to efforts to ensure people have the legal and political ability to make their own sexual and reproductive choices. The term, coined by the pro-choice movement in the 1980s, focuses on creating the legal protection, laws, and/or enforcement of laws that ensure an individual's (usually women's) "legal right to reproductive health care services" and information. 2, 4

These frameworks - Reproductive Justice, Reproductive Health, and Reproductive Rights - encompass different aspects of the lives of women from all backgrounds. At CSW57, different organizations and groups connected these frameworks to sexual violence. Sexual violence is costly and harmful to woman, particularly for 16-to-24-year-olds, who are at a greater risk. It limits the woman's ability to manage her life (and her reproductive health) and exposes her to sexually transmitted infections (STIs). According to Future Without Violence, girls who are abused by their boyfriends are five times as likely to be forced into having sex without a condom, and eight times more likely to be pressured to become pregnant. ⁴

After participating in CSW57, I've concluded that collaboration between sexual violence prevention and reproductive frameworks is needed to address the issues of violence against women. A broad view is needed because, when it comes to these issues, no one-size-fits-all solution exists; understanding the individual's unique personal situation is imperative when addressing violence against women. The different frameworks of RJ, RH, and RR can impact sexual violence in multiple ways - by addressing oppression, poverty and economic status, lack of social support, negative legal systems, cultural stigma against rape, immigration, and barriers to services. One can focus on one framework or another, but only by affecting all three will real change occur.

I attended CSW57 eager to learn about applying these frameworks in the international context to promote women's health. While attending CSW57, I found myself in conversations that made me uncomfortable, because I realized that not everyone was on the same page about Reproductive Justice, Health, and Rights. For example, an older African woman asked: "Do they want our kids to get pregnant and abort the babies? I need someone to explain to me what 'reproductive' means." This just reminded me that the frameworks have to be clearly expressed and the goals communicated as part of promoting them.

While attending CSW57, I realized that the heterogeneity of these frameworks can be prioritized in different ways in different countries. For example, Africa has 54 countries and countless tribes, traditions, cultures, and languages - but people tend to group Africa into one category and discount its diversity. Hence, in the African context, efforts to advance Reproductive Justice, Reproductive Health, and Reproductive Rights will vary depending on the specific country. For example, in Sudan and Congo, the major reproductive and sexual health issue might be combating violence against women, protecting women from rape, and providing access to clinics in times of conflict and war. On the other hand, in countries like Zambia and Ghana, which are more stable, the main focus might be reducing the very high rates of maternal mortality.

All of these efforts fit into the larger framework of women's reproductive justice, rights, and health. From a rights perspective, it is important to pass laws that defend women who have been abused and encourage stern prosecution of abusers. In relation to reproductive rights, policies are needed to expand women's access to services (like contraception and abortion) that help them avoid unplanned pregnancies and STIs. Providing reproductive health services that cater to women's needs enables them to act upon the best decisions about their bodies. Each community and country must determine which issues are most significant to them and where they want to put their energies.

The RJ, RR, and RH frameworks all provide a lens through which to understand, and work on, women's health problems that range from sexual violence to pregnancy prevention. In order to be successful, these movements have to be grounded in specific cultures and respond to issues that are that community's top priority.

For more information, follow organizations like Every Mother Counts; Our Bodies, Ourselves; the United Nations; Ipas; Amnesty International; Madre; and NWHN - just to mention a few. They are taking the lead on expanding the work and conversations within Reproductive Justice, Reproductive Health, and Reproductive Rights frameworks internationally.
This article was written by: Grace Adofoli Grace Adofoli is a graduate from University of Wisconsin-River Falls. She interned at NWHN in the spring of 2013 and plans to pursue her graduate degree in women's health and policy. She also hopes to receive her PhD in Public Health after the completion of her Master's. References
1. Silliman J M, Undivided Rights: Women of Color Organize for Reproductive Justice, Cambridge MA: South End Press, 2004.

2. Forward Together (formerly Asian Communities for Reproductive Justice), A New Vision for Advancing Our Movement for Reproductive Health, Reproductive Rights and Reproductive Justice, Oakland CA: Forward Together, 2005.

3. World Health Organization (WHO), Health Topics: Reproductive Health, Geneva: WHO, 2013. Available online at: http://www.who.int/topics/reproductive_health/en/

4. Futures Without Violence, The Facts on Reproductive Health and Partner Abuse. San Francisco: Futures Without Violence, no date. Available online at: http://www.futureswithoutviolence.org/userfiles/file/Children_and_Famili...

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Young Feminist: The Need for Different Voices: Revisiting Reproductive Justice, Health and Rights - NWHN

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As an African woman, I come from a place where sexual and reproductive health is not explicitly discussed or confronted like it is here. I've long struggled to understand the ways that issues and concepts like Reproductive Justice, Reproductive Health, and Reproductive Rights fit together and interact within the women's health movement.

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Sr. VP Center for Reproductive Rights

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Reproductive rights are human rights, ft Lourdes Rivera #FutureIsHers

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In November of 2019, two women who are founders of an organizing group called Moms 4 Housing decided to address the housing crisis in Oakland, California (a city with 4 vacant units for every person experiencing homelessness) head-on. Over the course of two months before ultimately and violently being evicted by state police, the organization made a home into a safe haven for local mothers to bring their children for shelter. Moms 4 Housing are fighting for one of the three fundamental pillars of reproductive justice - the right to raise a family in a safe and sustainable community. It's only fitting that we kick off Black History Month honoring the framework that makes housing instability as much of a reproductive issue as one's right to access abortion - a framework that was founded by Black women.

The concept of reproductive justice was articulated by the SisterSong Collective as a response to a lack of intersectionality among the reproductive rights movement. All across the United States, Black women and femmes are on the front line of the fight for the three pillars of the reproductive justice framework: the right to have a child, the right to not have a child, and the right to raise families in safe and sustainable communities.

In New York, there are countless leaders and organizations fighting for reproductive justice across intersections through the fight for gender, economic, and environmental equity.

Based out of Brooklyn, Black Women's Blueprint dedicates themselves to "providing a blueprint for Black liberation through a feminist lens." Through a service called Sistas Van, Black Women's Blueprint goes into Brooklyn communities to provide trauma-informed services to survivors of sexual violence, trafficking, reproductive violence, and physical abuse. By going to survivors within the community, this ensures that they are getting the care they need where they are. You can support the ongoing development of Sista Van's services here.

Birth Justice Warriors in Long Island work to make injustice visible and fight for good births, healthy moms and strong babies in our communities. Their critical goals include training and developing a qualified cohort of women to help address birth inequities in communities of color in culturally relevant ways, motivating and encouraging people of color to become more informed participants in their birthing process, and advocating for culturally competent and respectful care from Nassau County health and social service providers. You can learn more and support them here.

Sauti Yetu (meaning "Our Voice" in Swahili) is an NYC-based community organization dedicated to mobilizing African immigrant women to improve the quality of their lives, strengthen their families and develop their communities. Sauti Yetu's direct services, public education, and advocacy promote immigrant girls' safe transitions into adulthood, curbs violence in the family, and gives poor and low income immigrant women access to life skills and leadership opportunities.

Hailing from the Bronx, Karen Washington is the co-founder of Black Urban Growers, an organization dedicated to working with Black farmers and communities to address food deserts by helping them to grow fresh, nutritious food. To some, fresh produce is an often overlooked privilege. For marginalized communities across New York City, produce is often rotting and inedible, whereas fast food is readily available and intentionally cheaper. Washington also works for Farm School NYC, which addresses food injustices in marginalized communities while also teaching community organizing techniques to students throughout New York City. To support this work or get your school involved, click here!

Mid-Hudson Chocolate Milk focuses on creating a safe space for individuals of color to honor their experiences and collaborate culturally. They do this through maternity education, lactation services (Black women in the US have the lowest rate of participation in lactation postpartum), and efforts to teach individuals and families about creating a positive and constructive home dynamic for children. Check out their upcoming events and ways to get involved here.

At a time where maternal mortality rates amongst Black women and femmes are at higher rates than they've been in decades, one method being used to combat this crisis is through the use of doulas. Through a community-based approach, Ancient Song Doula Services provides multiple trainings for aspiring doulas, as well as Childbirth Education Classes for soon-to-be parents, all of which center Black women and femmes. Additionally, Ancient Song provides doula services to those who are pregnant and incarcerated on Rikers Island. This work has allowed Ancient Song to be more inclusive in their birthing services while addressing the growing rate of women who are incarcerated. To support the work of this program and learn more, click here.

Black History Month is a time to both honor the history and celebrate the future of Black communities. Black communities deserve access to sexual and reproductive health care - unbiased and non-judgmental - so they can thrive and achieve healthy empowered lives. This Black History Month, Planned Parenthood of Greater New York recognizes the ongoing fight for access to health care by celebrating Black reproductive justice movement leaders who have led, and continue to lead, the charge in this fight - and furthering our own commitments to support Black communities through our health care delivery and organizing efforts.
Photo from NBC News
Tags: Black History Month

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These are the Leaders of the Reproductive Justice Movement

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In November of 2019, two women who are founders of an organizing group called Moms 4 Housing decided to address the housing crisis in Oakland, California (a city with 4 vacant units for every person experiencing homelessness) head-on.

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Legal Advocates for Birth Options & Rights

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In January, the U.S. women's health movement celebrated the 40 th anniversary of Roe v. Wade, which gave women the right to legal abortion. In the decades since Roe, health activists have focused on advocating for reproductive justice, which demands that women have the right to be parents - as well as the right not to parent - and to decide where, with whom, and how we give birth. Reproductive justice includes the rights to accept or refuse any type of maternity care and to access this care from respectful and culturally appropriate providers - which are essential for women to be able to make the best decisions for themselves and their families.

The movement for reproductive justice is far from over, and women's experience during childbirth stands out as a key area for improvement. The vision for reproductive justice and birthing rights is to improve outcomes for women and their babies while honoring women's fundamental right to control their bodies and reproductive lives.

Most people think that the U.S. is a safe place to give birth but - for many women - it's not. American women experience breathtakingly high rates of maternal death and disability: they have a greater risk of dying during pregnancy or childbirth than women in 49 other countries, including Kuwait, Bulgaria, and South Korea. i Maternal morbidity is disproportionately suffered by women of color: Black women are nearly four times more likely to die in childbirth than White women. ¹ Given the United States' advanced health care system and infrastructure, both survival and dignified care should be the norm.

Most women in the U.S. (82%) give birth at some point, and many have a wide range of values and preferences about how they wish to experience childbirth. iiSome women prefer to receive care from a physician, others a midwife, while still others opt not to receive professional assistance at all. Some women's values or culture orient them to giving birth at home or in a birth center. Others need immediate access to high-tech monitoring, intervention, and medical pain management, and need to give birth in a hospital. Still others opt for a hospital-setting birth, but want to avoid interventions unless they are medically necessary. Many women's options are constrained by their insurance coverage: with hospital births averaging between $10,000-$23,000, paying out-of-pocket for childbirth is beyond many women's means. iii

Women's rights are undermined by any inability to receive safe care and act on their preferences. Yet, in our society - where medically managed childbirth and women's oppression are the norm, and racism in health care is pervasive - too many women experience discrimination, punishment, or mistreatment in maternity care. In addition to institutionalized discrimination against women, explicit legal or policy barriers often hamper women's choices.

Seemingly small, incremental restrictions can impose significant roadblocks to women's access to safe and respectful maternity care. For example, many U.S. hospitals restrict women's choices by banning women from having a vaginal birth if they had cesarean surgery for a previous birth. iv These bans impact a large proportion of hospital patients, either through explicit prohibitions against vaginal births or a lack of physicians who will attend these deliveries. In 2010, a National Institutes of Health advisory panel noted that women's childbirth preferences should be honored and urged hospitals and professional societies to revisit these bans. v

In addition, many states outlaw the practice of midwifery by midwives who do not first train as nurses, vipreventing women from using these providers during childbirth. Other states license both nurse-midwives and Certified Professional Midwives, but restrict their scope of practice. viiEven in states where midwives practice legally, insurance may fail to cover their services, which just as effectively eliminates the option. viii There have been cases where families who used a midwife were charged with child abuse or neglect. ix The end result is that many women are forced by legal restrictions and/or insurance company requirements to give birth in a hospital, when they would not otherwise choose to do so and where their only option may be to undergo cesarean surgery.

Other examples of punishment and mistreatment of childbearing women include medical staff threatening to involve child protective services x and, in at least one known case, a woman losing parental rights as a consequence of refusing to consent to cesarean surgery xi; police visiting the homes of women who planned a home birth and, in several known cases, law enforcement physically restraining a woman and transporting her to a hospital to undergo surgery; xii and hospital staff mistreating families who transfer in from a planned home birth. These cases are at the extreme end of the infringement of rights during childbirth that many women experience.

As we celebrate Roe, we also recognize the law's power to revolutionize women's reproductive experiences by empowering their choices or restricting their rights. Further, an enshrined legal right does not alone guarantee a woman's ability to access or enjoy that right. One of the oldest lessons of the women's health advocacy movement rings true: health care rights are meaningless without access to providers and social supports to make choice meaningful.

Legal Advocates for Birth Options & Rights (LABOR) was founded in 2010 to address women's legal rights during childbirth and remove legal barriers to reproductive justice for birthing women. LABOR identifies legal barriers to reproductive justice in birth, and gathers and facilitates a network of attorneys whose legal skills can protect, promote, and defend women's childbirth rights. While we do not offer direct representation, the questions we receive help illustrate women and providers' range of legal concerns. For example:

I want a home birth but I had a cesarean for my first baby. State law says a licensed midwife can't attend me at home and the closest hospital that will take me is 100 miles away. How can I get the law changed? What risk does my midwife face if she serves me in violation of the law?

I want to go in to labor naturally but my doctor sent me a letter firing me as a patient because I am 40 weeks pregnant and do not wish to be induced without medical indication. I can't find someone else who will take my insurance. Is this illegal patient abandonment?

I am a midwife practicing legally. The local hospital makes a report against my license for any and all transfers of my clients, even when I follow medically appropriate protocol. One doctor told me they are determined to "shut me down." What can I do?

I am an obstetrician and want to back-up our local midwives to provide continuity of care to patients. My practice group said they will fire me if I do, and my hospital is refusing home birth transfers. Is this legal?

I am an obstetrician and want to offer my patients an opportunity to have a vaginal birth after a prior cesarean. My liability insurance company said I will lose my coverage if I do. How can I change the contract?

As women who had given birth, and as sisters, advocates, and friends, LABOR's founders had often been asked to provide legal support and advice in our own communities. We saw the need for coordinated legal strategies, and for a place to support one another and achieve reproductive justice for birthing women. The problems and solutions we face are as multi-faceted as the system, but we begin with the simple premise that pregnant women have a fundamental right to give birth safely and decide the circumstances of our births. Learn more about LABOR at birthoptionsandrights.org.
This article was written by: Rebecca Spence Rebecca Spence is an attorney and bioethicist practicing in Northern Virginia. She was a 2011-2012 Law Students for Reproductive Justice Fellow. Rebecca founded LABOR in 2010 with Susan Jenkins, Esq., and it remains her most important pro bono project.
[i] Amnesty International, Deadly Delivery: The Maternal Healthcare Crisis in the USA, New York: Amnesty International, 2010. Available online at: http://www.amnestyusa.org/dignity/pdf/DeadlyDelivery.pdf.

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Reproductive Justice and Childbearing Women - NWHN

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In January, the U.S. women's health movement celebrated the 40 th anniversary of Roe v. Wade, which gave women the right to legal abortion. In the decades since Roe, health activists have focused on advocating for reproductive justice, which demands that women have the right to be parents - as well as the right not to parent - and to decide where, with whom, and how we give birth.