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Vaginal Examinations During Childbirth: Consent, Coercion and COVID-19

Nelson, Anna; orcid: 0000-0003-3686-9333; email: anna.nelson@postgrad.manchester.ac.uk
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2021-04-08
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Abstract: In this paper I assess the labour ward admission policies introduced by some National Health Service (NHS) trusts during the COVID-19 pandemic, arguing that these intersected with other policies in a manner which may have coerced birthing people into consenting to vaginal examinations they might have otherwise refused. In order to fully understand the potential severity of these policies, I situate this critique in the historical and contemporary context of the problematic relationship between consent and vaginal examinations. Identifying the legal wrongs associated with performing coerced vaginal examinations, I highlight that the law is inadequately equipped to provide appropriate redress. Further, I illustrate that the issue explored in this paper reflects broader problems which exist with regard to the focus of, and the (under)investment in, the maternity services.
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Feminist Legal Studies, volume 29, issue 1, page 119-131
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Springer Netherlands
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article
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From Springer Nature via Jisc Publications Router
History: accepted 2021-02-05, registration 2021-02-06, pub-print 2021-04, pub-electronic 2021-04-08, online 2021-04-08
Publication status: Published
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