- The Oxford Handbook of Reproductive Ethics
- Biographical Sketches
- The Discursive Context of Reproductive Ethics
- Access to Basic Reproductive Rights: Global Challenges
- Constructing the Abortion Argument
- Victims of Trafficking, Reproductive Rights, and Asylum
- The Commodification of Women’s Reproductive Tissue and Services
- Twenty-First-Century Eugenics
- Procreative Rights in a Postcoital World
- Reproduction as a Civil Right
- Conscientious Objection in Reproductive Health
- The Role of Providers in Assisted Reproduction: Potential Conflicts, Professional Conscience, and Personal Choice
- Ethical Issues in Newborn Screening
- How We Acquire Parental Rights
- Mothers and Others: Relational Autonomy in Parenting
- Procreators’ Duties: Sexual Asymmetries
- Reproductive Control for Men: For Men?
- Societal Disregard for the Needs of the Infertile
- Is Surrogacy Ethically Problematic?
- Parents with Disabilities
- Late-in-Life Motherhood: Ethico-Legal Perspectives on the Postponement of Childbearing and Access to Artificial Reproductive Technologies
- Justice, Procreation, and the Costs of Having and Raising Disabled Children
- Ethical Issues in the Evolving Realm of Egg Donation
- Sperm and Egg Donor Anonymity: Legal and Ethical Issues
- Who Am I When I’m Pregnant?
- Contemplating the Start of Someone
- The Possibility of Being Harmed by One’s Own Conception
- Understanding Procreative Beneficence
- Opting for Twins in In Vitro Fertilization: What Does Procreative Responsibility Require?
- Procreative Responsibility in View of What Parents Owe Their Children
Abstract and Keywords
In calling for access to health care needed to achieve reproductive goals, defenders of reproductive freedom typically appeal to rights. Behind these appeals lie important differences about rights: Are they human rights or civil rights? Rights to protection from interference, to legal process, or to some further distribution of resources? This chapter develops a civil rights approach to reproduction. It first explains foundational differences between human rights claims and civil rights claims. The former rest on conceptions of what it is to be human and thus risk rendering rightless those individuals who do not fit the specified idea. The latter ground rights in claims of both typical and atypical individuals to inclusion in given social circumstances. Civil rights claims thus challenge unequal treatment of atypical people’s reproductive functioning, whether the issue is involuntary sterilization, lack of access to reproductive care, or threatened termination of parental rights.
Anita Silvers, Professor of Philosophy at San Francisco State University, has written extensively about ethics and bioethics, and disability theory. Among her books on these subjects are Disability, Difference, Discrimination: Perspectives on Justice in Bioethics and Public Policy (with David Wasserman and Mary Mahowald) (1998), Americans with Disabilities: Implications of the Law for Individuals and Institutions (with Leslie Francis) (2000), and Medicine and Social Justice (with Margaret Battin and Rosamond Rhodes) (2002). She is currently writing (with Michael Ashley Stein) a series of law review articles on protection from disability discrimination and genetic discrimination, of which two have already been published, and a book of essays titled Odd Ones Out: Normality and Singularity in Law, Medicine, and Art.
Leslie Francis, PhD, Professor and Chair, Department of Philosophy, University of Utah
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