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Women’s Month 2019 | Sex selection: an ordinary or violent act? by Christo Gorpudolo

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According to the United Nations Population Fund, there is a variation in the ratio of male to female birth—since the 1990s, 25% more male births than female have been recorded in different areas. Prenatal sex selection reflects a subtle act of violence rooted in social, political, economic, and cultural factors that re-enforces the persistent low economic status of women and value of girls in some communities. This could lead to an overall impact on the mental and physical health of women as well as the creation of a gender imbalance within the population.


Prenatal sex selection is a practice that involves the use of medical techniques to choose the sex of an offspring. Although it has been linked to medical practices that help balance the family, it also leads to sex-selective abortion, where predominantly the lives of girls are halted before birth. It is a form of violence against women that systematically discriminates against girls before birth and at conception, limiting women’s agency in matters relating to their reproductive health rightsplace women at an unequal hierarchical position within the family as decision makers on the sex of a child as well as family size.

This form of gender-based violence (GBV) as with many other forms of GBV is complex. It is rooted in cultural preferences for sons, societal ideas of the roles and responsibilities of women and men, and unmerited privileges for or the rights of men over those of women. In some places, continuity of family lineage and care for ageing parents, as well as wage-earning capacity are all factors that contribute to this form of discrimination. Generally, sex selection results from social, economic and cultural biases that favour men over women.

These cultural, economic and social biases raise the yet unanswered question: ‘are we collectively doing enough and investing in a society free of all forms of violence and befitting women?’

It has been nearly 40 years since The Convention on the Elimination of All Forms of Violence against Women (CEDAW) was adopted by the United Nations—a convention that has been ratified by 187 countries. However, sex selection, deeply rooted in economic and social biases, still exists in majority of these 187 countries, including Morocco, Tunisia, Egypt, and India.

The practice of sex selection also affects girls after birth. Studies have shown that unwanted girls may endure neglect or be deprived of opportunities, creating a further disincentive for mothers to have daughters, since they don’t want to see their children suffer. UNPF (2018, no Page) provides the rationale.

In some agrarian economies, girls are at risk of being in poor health, lack of care or malnourished, to keep their brothers strong and healthy as a source of protection or an assurance for a bigger farmland or harvest and or to continue the family linage.

Sex preference also affects women’s mental health within the family.  Studies have shown that in some instances, women who give birth to only girls may be under huge societal pressure to produce a male child.

To combat this form of violence against women and girls, we have to begin a discussion on identifying and eliminating harmful gender stereotypes and roles that have given rise to the overt act of selective birth. We need to look more closely at the economic market systems that support higher-earning value of a particular sex and the social structures that link specific traits or attributes to power and success, as these are the subtle but yet violent act that hinders the birth of many girls.


References:
United Nations Population Fund (2018) ‘Gender biased sex selection’ Accessed March 23, 2019 https://www.unfpa.org
NCBI (2011) ‘The consequences of son preferences and sex selective abortion in China and other Asian countries’ Accessed March 23, 2019 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3168620/

This article is part of the series `Women´s Month 2019´, in which members of the ISS gender committee reflect on women´s issues on Bliss. Other articles of this series can be read here and here.


christo

About the authors:

Christo Z. Gorpudolo is a student of MA in Development Studies, Social Justice Perspectives (SJP).

 

Women’s Month 2019 | ‘Empty’ laws and Peruvian women’s ongoing struggle for therapeutic abortion by Zoya Waheed and Romina Manga Cambria

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Laws and regulations are policy tools that are seen as strong and effective in securing rights, but should we assume that this is always the case? Looking at therapeutic abortion, evidence from Peru leads us to believe otherwise. Legislation of protection laws often fails to be translated into practice.


In 1924, a therapeutic abortion law was passed in Peru. Ninety-five years later, this law, which allows for legal abortions when the physical or mental health of the mother is at stake, only exists on paper. There are many reasons why this law has not been implemented, ranging from a lack of awareness of the existence of the law to ambiguity when it comes to the law’s contents. While progress of some sort has been made over the last five years with the introduction of guidelines for abortion providers, it is important to understand that much more progress is needed for these women in Peru and elsewhere, as access to safe therapeutic abortion is still limited.

K.L and L.C: Keystone cases in the struggle for safe therapeutic abortions

The Human Rights Watch indicates that women across the world often opt for unsafe procedures because legal abortions are seldom provided in public healthcare facilities. Additionally, due to the uncertainties in the circumstances under which abortion is legal, healthcare providers fear punishment if they were to carry out a therapeutic abortion. Women are also often unaware of their right to therapeutic abortion, and in the cases they are, they’re refused the abortion due to the fear carried by healthcare providers. In other cases, women are refused legal abortions due to the bias carried by some healthcare professionals, who may not always agree that the mother’s life is in danger, and would thus see the abortion as unnecessary. Additionally, due to the social stigma attached to abortions, women may not want to get an abortion due to the fear of being judged.

Two cases were particularly relevant for discussion in Peru. In 2001, K.L., a 17-year-old Peruvian girl, was forced to carry an anencephalic fetus to term, a condition that made unviable the life of the fetus after being born. She gave birth and was forced to breastfeed the baby for four days until it finally died. These events caused her severe depression that required psychiatric help.

In another case in 2006, L.C. was a 14-year-old girl that fell pregnant after being raped repeatedly, which led her to attempt suicide. She survived, but woke up quadriplegic. Her mother requested a therapeutic abortion in order for her spinal column to be operated on to try and regain mobility of her body, but it was denied. Doctors claimed it was prohibited because the pregnancy no longer posed a threat to her physical health, so she was forced to continue the pregnancy.

After the cases of the K.L. and L.C., the Peruvian state was internationally condemned by the ONU´s Human Rights Committee for denying therapeutic abortion to these teenagers. As a response, in June 2014, the Peruvian Ministry of Health published the “Guía Técnica Nacional para la interrupción del embarazo por indicación terapéutica”, or the National Technical Guide for the Pregnancy Interruption by Therapeutic Indication, approved by a Ministerial Resolution Nº 486-2014/MINSA. This guide was looking to standardise the procedure and give more information to the health practitioners about it.

Despite its approval, there are still a lot of medical practitioners that refuse to implement it. As an example of this, in 2017 the Committee on Consumer Protection had to sanction a private healthcare facility with a fine for not approving a therapeutic abortion request, despite the evidence of mental health damage.

Persisting barriers (read: failures)

Despite the clarity of the law, it has not been implemented to the extent it should have. Often, people assume that passing a law and putting it in the penal code is enough to implement it. But when those responsible for implementing it don’t know enough about it, how is it supposed to protect those it aims to safeguard?

Even after the introduction of the guidelines, it is evident that the application of the law is scarce. Additionally, there isn’t much knowledge to be found on the application after the guidelines were created. The state is not taking the responsibility it should by ensuring medical facilities fully implement the law. Even though the discussion has been opened again, it’s clear that it’s not enough. A transformation in the norms and values that surround the topic of abortion must be addressed if the application of such laws is to be successful.


This article is part of the series `Women´s Month 2019´, in which members of the ISS gender committee reflect on women´s issues on Bliss. Other articles of this series can be read here.


Image Credit: openDemocracy. The image has been cropped.


zoyaAbout the authors:

Zoya Waheed is a Pakistani SJP student at ISS. She is the secretary of the Gender committee and is committed to women empowerment.

 

Romina

Romina Manga Cambria is a Peruvian GDP student at ISS. She’s inherited her feminism from her mother. She’s part of the Gender committee.