Reproductive Rights and the New Reproductive Technologies

The applications and documented rights of human biotechnologies in reproduction involve the female body. The growth and evolvement of the technologies need to be associated with women’s well-being together with protected rights. The introduction of technology has enabled many women to become parents of biologically related children. Though expensive and invasive, reproductive technology has been essential in managing many difficult cases in the reproductive cycle of the female gender
. The US government and other European nations have developed legal systems to protect women’s rights regarding reproductive technologies as they are widely accepted and opposed based on different issues. It is then proper one to argue that the issues of female gender in reproductive rights and technologies have a server effect on the biological and societal roles. The paper herein is a discussion on the reproductive technologies and rights of American women (Reddy et al. 967).
The media have portrayed the new reproductive technologies as a triumph for hope to infertile women. Regarding this, new technologies are observed to have both negative and positive effects in reproduction structures of the female gender. Medical researchers and physicians carry out full control of fertility, gestation, and birth. The practice has provided a conflict between different bodies, feminists, legal practitioners and advocates as they have different views on the practice. Feminist scholars feel that such technologies expose women marginalizing their roles in gestation, conception, and birth. It is because of this that the American government developed several rights under the Convention to Eliminate All Forms of Discrimination against Women (CEDAW). The Article 12 argues that “State Parties shall take all appropriate measures to eliminate discrimination against women in the field of healthcare in order to ensure, on the basis of equality of men and women, access to health care services including those related to family planning” (Siegel 816).
Feminist scholars report a division on the issue of new reproductive technologies. According to Wilker (2000) the categories are based on different themes of the developments reflecting and enhancing a power imbalance between the male and the female gender. The second group felt that the new reproductive capacities are likely to be used in the interest of the male domination social order. The pivot of the second theme is based on the states control over reproduction and a woman’s right to control the body. The topics of feminist scholars tend to expose the unfair construction around the woman, likening them to fetal containers, hatcheries, and reproductive bodies. The physicians involved in the practice of test-tube babies tend to snatch eggs from women. In a nutshell, feminists from various groups observe new reproductive technologies as a mechanism likely to undermine the female gender, subjecting them to men (Reddy et al. 970).
Developments of new reproductive technologies tend to create social reality for women. The doctors and physicians develop technologies to solve their patient’s problems without involving them or the society. The practice emphasizes the legitimate power of the doctors and medical practitioners to define the patient’s social reality as well as that of the society. For example, in many medical books, the efforts of the woman during childbirth are considered to be minimal and of no value. For instance a text from an obstetrics book on labor shows that “Labor is the physiological process by which the uterus expels or attempts to expel, its contents…through the cervical opening and vagina to the outside world” (p 800). The text has eliminated the effort contributed by the woman during labor. Considering this, the technology has highly reduced the contribution of women in reproductive aspects (Siegel 815).
Despite the cynical feminist reproach to medical practice and literature, new reproductive technologies have enhanced and saved the lives of many women. Through new technologies, mortality deaths that deny women their right to life have been managed. Thus, meeting the demand of international human right instrument in the US. The provision of contraceptives has enhanced the prevention of many morbidity and mortality rates. The dangers prevented by contraceptives and health care are today states obligation as demanded by the international human rights law. The law is of significance as it ensures that health care services provided by the government and the technologies observe the rights of male and female patients (Reddy et al. 977).
Reproductive rights of the female gender in the US have dictates respect of economic, social and cultural rights of the patients. The article 15 of CEDAW argues that “States parties must recognize the right of everyone … to enjoy the benefits of scientific progress and its applications” (p 811). The article is further emphasized by Article 12 that states “[e]very human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity” (p 810). The law in these two articles establishes the importance of control on one’s health and body as well as sexual freedom and reproduction. Moreover, they expose how human beings have a right to access technologies benefit in reproduction and sexual life. The law highly defends women who desire to have an abortion, tubal ligation, and test-tube babies. It is their right despite the opposition in the world over the influence technology has in their reproductive life (Siegel 800).
Women are not an independent social actor in the society. This means that their culture and government contribution influence their response to phenomena. In line with the reproduction, cultural values, traditions and beliefs affect women’s attitude towards different advancing technologies in reproduction. Religions of many women in the US have restricted women from abortion as well as having the male partner examining them. Such restrictions are dangerous as women engage in illegal abortions harmful to their well-being. The dangers are not only to the patients but also to opposing teams. For example, Margaret Sanger, American Nurse, worked in the ghettos of New York in 1915. Sanger advocated the cause of birth control and was highly fought by religious opposition. She then fled to the UK and motivated and English botanist Marie Stopes over the matter.  Considering cultural influence on health care, the government and hospital policies work together to protect the rights of women regardless of their cultural backgrounds (Reddy et al. 976).
Reproductive technologies and rights have raised some social, ethical and practical concerns. Payments have been made to women as a result of contributing eggs for other women’s fertility. The practice has encouraged vulnerable women to provide eggs, becoming surrogates. Additionally, hospitals in the US provide expectant women with gadgets to identify the fetus sex. The technology has led to sex selection leading to abortions of the undesired sex of the embryo. Technology has made medics to carry out radical reproductive technologies like cloning and gene inheritance conducted in animals and today contemplated for use in human beings. The ethical dilemma needs to be addressed since advocates and state authorities protect the right of women to choose the characteristics of the child. The law has made women in the US to abort and go free of denying the unborn the right to life. The policy and decision makers are deemed with the responsibility to balance between the woman’s law, technology and child’s right. Therefore, protecting the unborn and the women need to be put in consideration when judgments are passed over situations (Siegel 814).
The discourse experienced in new reproductive technology has become an interdisciplinary concept. The concept has different faces that touch on various disciplines. For instance, the construction of the social problem helps to put the idea in a sociological perspective. The discourse over technology in reproduction has enabled women and the society as a whole to understand the perceptions and status of the woman in the society. For instance, non-involvement of women in policy development over issues of reproduction demonstrates how they are considered as subjects with little influence on situations affecting them. On the other hand, it provides women the opportunity to know the steps were taken for the protection of their rights, as well as the existing technologies they can embrace in their lives to solving reproductive problems. For example, the provision of health care insurance cover by the government over delivery, family planning techniques and abortion enable women to access the services with ease regardless of their economic positions (Reddy et al. 969).
America’s development of the Gender and Justice program was to provide justice for women’s well-being. To a large extent, the model goes beyond health care services and information to social, economic and political structures. From their objective, it is evident that the model is aware of the kind of injustice experienced by women in different fields of the life cycle. According to feminist scholars, the program provides room for the varied definitions accorded to reproduction by women. Moreover, women in America, as well as those in different nations, interpret reproduction technologies differently based on their interests. Therefore, it is not right for policy developers, medical practitioners, and the government to develop reproductive technologies without considering the varied views of the female gender (Siegel 810).
New reproductive technologies expose the factory nature of female reproduction. Physicians and medical practitioners tend to develop alternatives considering the women’s role to give life insignificant as technology has alternatives. Severally, the media provide information on IVF (in vitro fertilization) and gamete intrafallopian transfer (GIFT) as a treatment for fertility issues. However, the practices are carried out in the laboratory, therefore, making the physicians appear as life givers and parents to these children. Additionally, new technologies in reproduction portray women as actors who depend on others regarding medical decisions. It is then arguable that the female gender does not have what it takes to play the role of reproduction as assigned by nature and the society. Hence, reproductive rights and new reproductive technologies are pulled in the matter to ensure the safety of women and fetus (Reddy et al. 975).
Conclusion
In conclusion, reproductive rights and new reproductive technologies have been a heated debate over time and space by different disciplines. Indeed, new reproductive technologies are appreciated for making women who could not parent to do so. Though the circumstance in which this takes place has been highly critiqued, it has provided a solution for many women suffering from infertility, unwanted pregnancies and those whose reproductive rights have been infringed. Feminist scholars have thoroughly documented the adverse effects of reproductive technologies as they marginalize women to a mere object with no voice. Reproductive technologies are developed and adopted by physicians and medical practitioners without consideration of the female interest and definition of reproduction.
The discourse existing in the concept of new reproductive technologies provided the government a chance to develop laws that protect the right of women in health care services and beyond. The CEDAW in America has different articles that define a patient’s relation, choice and rights to developed reproductive technologies. The materials highly protect women’s right to abort, use new technologies in treatment such as infertility and protect the fetus. However, the rights are quite contradictory as women are granted the right to abortion, and the fetus right to life exposes how one of the parties’ rights is denied. Additionally, the laws conflict with medical practitioners and physicians have legitimate power to make decisions over an issue without consulting the patient. The practice portrays the female gender and less active actor regarding medical decisions and reproductive technologies.
The different contributions by disciplines on reproductive technologies and rights are essential in the American society and the world as a whole. The information provides policy makers and medical practitioners and opportunity to learn to involve the patient or the women in the whole aspect. Additionally, it provides the women citizens with sufficient data to understand reproduction and make a choice that suits them as per the legal structures. Women’s reproductive rights and new reproductive technologies need a thorough review to eliminate arising conflicts and maintain its positive contribution to the society.





Works Cited
Reddy, Uma M., Ronald J. Wapner, Robert W. Rebar, and Richard J. Tasca. "Infertility, assisted reproductive technology, and adverse pregnancy outcomes: executive summary of a National Institute of Child Health and Human Development workshop." Obstetrics & Gynecology109.4 (2007): 967-977.
Siegel, Reva B. "Sex Equality Arguments for Reproductive Rights: Their Critical Basis and Evolving Constitutional Expression." Emory LJ 56 (2006): 815.