|
Engendering Bioethics: Stigmatised Bodies, Citizenship
and Choice
17th - 18th November 2005 @ Keele University
This is the first of three symposia in the thematic
research priority on Law, Health Care and Bioethics.
Questions to be addressed include the following:
-
In what ways does the concept of monstrosity help
us address intersectionality and stigmatised bodies
in health research?
- How are new technologies (e.g. genetics, assisted reproduction,
viagra) reconstituting the sex/gender relationship?
- What does textual analysis of legal doctrine in the
health context have to tell us about social changes in
the regulation of gender and sexuality?
- How are new forms of governance responding to gender/sexuality
issues in health ethics?
- Do some of the key concepts of health law and ethics
- autonomy, harm, responsibility – rely on gendered,
sexualised, racialised, ablebodied assumptions? In what
ways?
Speakers, Abstracts and Registration Form:
Hazel Biggs, Lancaster University:
“The choice is yours, or is it?”
Abstract
At the present time the mantra of choice
is pervasive in English politics, health
care and medical law. For example, the right
to choose in education has been a central
part of education policy and in healthcare
recently trumpeted developments include
the right to choose where you might be treated
and by whom. In terminal care recent Government
guidance has insisted that choice in terminal
and palliative care should be central to
the provision of such care and that those
who need palliative care should be encouraged
and empowered to decide for themselves what
kind of care they wish to receive, where
and with whom. In 2004 this was compounded
by a controversial judgement, now the subject
of an appeal (Burke v GMC), which trumpeted
the patient’s right to decide what
treatment is in her or his best interests,
especially at the end of life.
In the healthcare setting choice is exercised
through individual autonomy, which is the
cornerstone of medical ethics, and is given
legal expression through the law of consent.
The rhetoric of choice at the end of life
does not however accord with the reality.
Choice is for example limited by resources,
by law and, where women are concerned, often
by protectionist, paternalistic social attitudes.
It is for example only possible to choose
to spend your dying days at home in your
own environment if there is somebody there
willing and able to care for you. In addition,
despite evidence and public opinion polls
that repeatedly demonstrate high levels
of public support for voluntary assisted
dying for the terminally ill these choices
remain prohibited by law. As a result only
a limited range of options is permitted
at the end of life and many are denied the
opportunity to seek the kind of death they
might prefer. Further, recent cases demonstrate
that where women seek assisted dying they
encounter a collusion of social and judicial
attitudes that deny not only their right
to choose but also their autonomy.
This paper seeks to examine why it might
be that the majority of legal challenges
to the prohibition on assisted dying in
England have come from women. Within that
it will consider why women’s choices
are questioned with the consequence that
their ability to exercise autonomous choice
is compromised. Drawing on legal and philosophical
literature it will argue that just because
a person is perceived as occupying a vulnerable
position does not mean they are unable to
make an autonomous choice, nor should it
mean that they are prevented from giving
a valid consent and acting upon a choice
that is truly their own. |
|
Contact information: http://www.lancs.ac.uk/fss/law/staff/biggs.htm
*************
Mary Ford, University of Nottingham:
“Bioethics and Gothic Horror”
Abstract
The
Gothic horror literature of the late 18th
and 19th centuries emerged in response to
the culture of the ‘enlightenment’
and the social change of the Industrial
Revolution. Gothic horror explored the sinister,
negative side of the societal and cultural
changes which were generally perceived as
great improvements. Similarly, contemporary
bioethics must respond to rapid technological
and scientific change (what has been called
the “reproduction revolution”).
We can see bioethics emerging as a genre
of gothic horror in the judgments of prominent
medical law cases and in academic writing.
Gothic horror operates within bioethical
discourse in two ways. In some cases, illness
/ incapacity is presented as horror to elicit
permissive attitudes to euthanasia, ‘saviour
siblings’, etc. (see the cases of
Bland, B v An NHS Hospital Trust, Pretty
v UK, and Hashmi). In other areas, horror
imagery and metaphor is utilised in the
hope of encouraging restrictive attitudes
– e.g. to cloning, xenotransplantation,
etc.
The use of horror in bioethics is often
covert and implicit; its overt and explicit
correlate is the use of arguments such as
“X is unnatural”, or “X
represents an affront to human dignity”,
etc. In this presentation I will explore
the interplay between the genres of bioethical
discourse and gothic horror by demonstrating
the use of horror-imagery in cases and academic
commentary, and I will ask how this could
shape social and legal responses to bioethical
dilemmas. |
|
Contact information: http://www.nottingham.ac.uk/~llzwww/law/data/biog.php
*************
Marie Fox, University of Keele: “Franken
Creatures: Legal Responses to genetically engineered
animals”
Abstract
Biotechnological
developments have always necessitated the
sacrifice of animal bodies. Indeed vivisection
played a key role in inaugurating experimental
biology. The practices of vivisection and
other clinical research involving animals
have long been justified on the basis that
the suffering and death of animals is ethically
acceptable in pursuit of better health care
for humans, although this rationale has coexisted
with considerable ambivalence about the role
of the scientist in this context and concerns
about the possible use of human bodies in
dissection. More recently, however, human
interventions on animals in the name of biomedicine
have assumed new forms with the introduction
of xeno technologies and genetic engineering
of animals, which have necessitated more direct
interventions on the bodies of animals. Such
developments have re-awakened earlier fears
of the production of animal/human hybrids
–an abhorrence which continues to underpin
laws governing reproductive technologies.
Yet at other sites in health care law, such
as cloning, such fears are routinely downplayed.
Notwithstanding the increasing use of genetically
engineered animals in biomedicine, both as
disease models and as source animals for new
technologies, they have created scant ethico-legal
attention. This paper seeks to assess the
ethical and ontological challenges posed by
genetic manipulation of animals and to examine
how such creatures have been constituted in
legal texts, such as those addressing the
patentability of onco-mice. |
|
Contact information: http://www.keele.ac.uk/depts/la/staff/mfox.htm
*************
Patrick Hanafin, Birkbeck College, University
of London: “Disembodying Citizenship:
Biopolitics and Gender in Contemporary Italy"
Abstract
In
the 1990’s Italy was portrayed in the
media as the “far west” as far
as the governance of new reproductive technologies
was concerned. This followed a series of media
controversies involving doctors who promised
motherhood to post-menopausal women and earned
a lucrative living from the reproduction business.
The general perception was that Italy was
a country which did not regulate this field
adequately leading to such mediatised aberrations.
Instead of attempting to provide a facilitative
legislative framework in the area of assisted
reproductive technologies the law which was
finally passed in 2004 [1] creates a situation
where a rigid doctrinal position is favoured
over a workable regulatory model.
The new Italian law on assisted reproduction
prohibits testing of embryos for research
purposes, freezing embryos and also outlaws
pre-implantation diagnosis for preventing
genetically transmitted diseases. The law
also prohibits donor insemination, denies
access to assisted reproductive technologies
to single women and ordains that no more
than three cells may be fertilised in vitro
and that such cells be transferred to the
womb simultaneously. Once couples agree
on the treatment they will not be allowed
to withdraw their consent. Moreover those
doctors attempting to carry out procedures
prohibited by the legislation face prison
terms or fines and suspension from the medical
register. As well as flying in the face
of accepted societal norms of self-determination
the text of the law paints a bleak picture
of woman as reproducer first and foremost.
It excludes other familial formations, such
as gay and lesbian couples from the provision
of reproductive technologies and thus has
at its heart an ideal of the family which
is at odds with the current societal reality.
The introduction of the law witnesses the
move from a “Far West” scenario
to a “Mid-West” of legislative
over-regulation of female autonomy. This
development is an intriguing and alarming
case study of the way in which patriarchal
institutional power can overcome accepted
norms of autonomy in a pluralist society.
This paper seeks to analyse how such a restrictive
law could be seen as a rational workable
solution to the lack of regulation. It will
also seek to analyse the extent to which
this law may be seen as part of a wider
movement on the part of neoconservative
forces to occupy the space of law. This
involves the slow erosion of constitutional
principles of dignity, equality, and female
subjectivity. The implications of this law
as paving the way for a narrowing of the
existing abortion law will also be analysed. [1] Legge 19 febbraio 2004, n.40, “Norme
in materia di procreazione medicalmente
assistita”, (Gazzetta Ufficiale n.45
del 24 febbraio 2004). |
|
Contact information: http://www.bbk.ac.uk/law/staff/phanafin.shtml
*************
John Harrington, University of Liverpool:
“Citizenship and the Biopolitics of Post-Nationalist
Ireland”
Abstract
In
June 2004 voters in the Republic of Ireland
endorsed a constitutional amendment to deprive
children born on the island of Ireland of
their previously automatic right to Irish
citizenship. This change came amid increasing
immigration and so-called 'baby tourism',
whereby non-national mothers were alleged
to be coming to Ireland to give birth for
the sole purpose of bestowing Irish citizenship
on their children. This article sets the referendum
in its historical and contemporary context.
Along with recent jurisprudence of the Irish
Supreme Court, the amendment betokens a distinctive
biopolitics orchestrated according to neo-liberal
themes consonant with Ireland's membership
of the European Union and its foreign direct
investment strategy. As such the amendment
confirms the shift in Irish constitutional
history from autarkic nationalism to cosmopolitan
post-nationalism embodied in the Belfast Agreement
of 1998. |
|
Contact information: http://www.imlab.ac.uk/harrington.htm
*************
Emily Jackson, Queen Mary, University of London:
“Assisted conception and the degendering of reproduction”
Abstract
By
changing the ways in which we reproduce, reproductive
technologies have the potential to alter previously
immutable gender roles. When an embryo is
stored in vitro, for example, there is no
necessary reason to give the female partner
the exclusive power to determine its fate,
unlike when an embryo is in vivo, when there
are clearly good pragmatic and ethical reasons
to prioritise women's preferences. The creation
of artificial gametes from stem cells will
make it possible for same sex partners to
create children who are genetically related
to both of them, and human reproductive cloning,
if it ever becomes lawful, would enable women
(but not men) to reproduce without any help
from the opposite sex. Artificial wombs are,
however, still some way off, and so for the
next few years pregnancy and childbirth will
continue to be necessary and exclusively female
contributions to the human reproductive process.
So while reproductive technologies have the
potential to transform and degender conception,
they have rather more limited transformative
potential once an embryo has been implanted
in a woman's body. In this paper I will investigate
the implications this uneven degendering of
reproduction has for law. |
|
Contact information: http://www.laws.qmul.ac.uk/staff/jackson.html
*************
Jacquelyne Luce, University of Newcastle upon
Tyne: “Reproductive Rights and Reproductive
Health: Ethnographic Narratives of Relations, Science
and 'Life'”
Abstract
My
first ethnographic observations took place
in a midwifery practice in which midwives
worked in an alegal situation providing care
to women on a sliding-scale fee basis. Just
a few years later, I worked within a rapidly
shifting model of maternity care in which
women articulated complex mediations of 'health'
and 'normalcy' during pregnancy. In the late
1990s, my focus turned increasingly toward
the intersection of same-sex rights legislation
and developments in the field of assisted
reproduction. In this paper, I will bring
together some of these ethnographic moments
in my history as a feminist anthropologist
in Canada and the UK to explore the quite
varied mobilisation of the concepts of 'rights'
and 'health' by women wanting to become parents,
midwives, physicians, journalists and activists.
I will aim to explore the ways in which these
concepts are both embedded in and displaced
from narratives of relations, science and
'life' as they are recognised to be complementary,
competing and contentious. |
|
Contact information: http://www.ncl.ac.uk/peals/people/profile/j.luce
*************
Robin MacKenzie, Kent: “Apotemnophilia:
Bodily Alteration, Autonomy and Harm”
Abstract
This
paper explores how far medical and criminal
law understandings can prove helpful in the
context of troubled boundaries between voluntary
and proscribed practices where bodily alteration
are concerned. These shift with contingent
understandings of medical condition, perversion
and choice. Legal conceptions of autonomy,
consent and harm are difficult to apply here,
particularly where the treatment of a medical
condition can be seen as involving mutilation
which cannot be grounded in biological causation.
Apotemnophilia is of particular interest
here in that there is no agreement on its
status as a medical or psychiatric disorder.
Yet many people find the idea of immense
unhappiness cured by the amputation of what
is perceived as one or more superfluous
limbs difficult to accept. As a consequence,
those who wish to have such limbs amputated
are faced with unpalatable choices. Some
have attempted to perform the amputations
themselves, with the possible involvement
of emergency medical treatment services
to ensure safety subsequently. Others have
succeeded in obtaining treatment from health
care professionals who may risk professional
sanctions as a result.
|
|
*************
Jean McHale, University of Leicester:
“Regulating Research – A gender-neutral
activity?”
Abstract
The
volume of clinical research has vastly increased
during the last two decades- so too has the
desire to regulate research activity. Increasing
emphasis is placed upon the rights of the
individual in the research process, both nationally
and internationally. There has been a shift,
at least in the rhetoric, to regard the individual
involved in research as a “participant”
rather than as a “subject” submitting
to research. There is far greater emphasis
upon the need for informed consent and a movement
from dominance in decision making to a dialogue
between researcher and the individual who
intends to be involved in this research. But
who exactly is the research participant? Evidence
suggests that while the amount of clinical
research undertaken is ever increasing the
involvement of women as participants in research
remains comparatively limited. This paper
explores why this may be the case. It questions
to what extent the nature of research regulation
in general and the governance arrangements
for clinical research in England and Wales
in particular operate to effectively engage
with the gendered dimension of the research
process. To what extent can/should participation
in clinical research be gender neutral? |
|
Contact information: http://www.le.ac.uk/law/staff/jvm5.html
*************
Rupa Reddy, Westminster: “Motherhood,
mental health and the death penalty”
Abstract
This
paper will investigate the roles that maternal
ideology and religion play in the treatment
of mentally ill women who are sentenced to
death for killing their children in the USA
(to be amended). |
|
*************
Andrew Sharpe, University of Keele:
“England’s Common Law Monsters”
Abstract
This
paper forms part of a broader project that
aims to map the history of the common law
category and legal fantasy Monster, a category
that entered English law in the mid-thirteenth
and survived till the mid-eighteenth century.
The project is significant in at least four
respects. First, it offers a legal history
otherwise absent. Second, it highlights how
the common law proves somewhat resistant to
existing historical accounts of monsters.
In particular, it challenges the applicability
of Foucault’s genealogical treatment
of monsters to English law. Third, it resists
a view of the legal category monster as evidence
of a legal Dark Age. Finally, it provides
an historical vantage point from which to
view and reflect upon contemporary practices
of ‘normalisation.’ The project
does not aim to answer fundamental questions
concerning absolute and relative difference.
Rather, it offers an opening through which
to think about such questions. The legal category
monster provides fertile ground for thinking
about such questions because it precedes the
Enlightenment and therefore now entrenched
legal, cultural and medical understandings
of difference. At the same time it perhaps
functions, as Foucault suggests, as the principle
of intelligibility for understanding all forms
of contemporary abnormality, including those
that run along vectors of gender and sexuality.
The project will provide a close textual reading
of England’s legal monsters and aims
to trace specific anxieties that take shape
and find expression within the common law.
The legal history in question covers the writings
of such legal luminaries as Henry de Bracton,
Edward Coke and William Blackstone. However,
for the purposes of this paper, and as a sample
of this history, it is the year 1590 and the
legal construction of monstrosity offered
by Henry Swinburne that will be explored. |
|
Contact information: http://www.keele.ac.uk/depts/la/staff/asharpe.htm
*************
Margrit Shildrick, University College Dublin:
“Anomalous bodies and governmentality: Difference
engendering trouble”
Abstract
The
paper will address the difficulty that legal,
biomedical and ethical paradigms have in extending
their governmental impulses to those bodies
that fall outside the normative modernist
standards of ‘clean and proper’
embodiment. The transhistorical notion of
the monstrous, and of woman as monster, has
largely faded, only to be replaced by anxieties
about contemporary anomalous bodies including
those of people with disabilities, asylum
seekers and immigrants – and especially
immigrant mothers, and those not-yet realised
others who might be produced by reproductive
bioscience. In focusing on disability, and
in particular its troubling conjunction with
sexuality where both lay and ‘official’
anxiety is acute and overt, I shall show that
although authoritative discourse may reasonably
claim to encompass simple difference, it struggles
and ultimately fails to answer to the différance
that implies a lack of clear distinctions
between self and other. |
|
Contact information: http://www.ucd.ie/werrc/about/ab_staff_2.html#7
*************
Stephen Wilkinson, Keele: “‘Family
Balancing’, Sexism, & Sex Selection
Abstract
Because
of technical improvements in our ability
to screen and selectively use embryos and
gametes, sex selection (parents choosing
the sex of their future children) is likely
to become easier and more effective in the
near future. This raises moral questions
about the permissibility of sex selection
and ethico-legal questions about whether
it should be prohibited &/or regulated
(and, if so, how).
This paper does not tackle directly the
broad question of whether (‘nonmedical’)
sex selection should be permitted. Rather,
it critically assesses the view that ‘family
balancing’ sex selection is better
than other forms. ‘Family balancing’
(so-called) refers to cases in which parents
wish to equalise the numbers of male and
female children within a family. Thus, if
a family with 6 girls and 1 boy chooses
another boy, this would be ‘family
balancing’, but not if it chooses
another girl.
Many of the standard objections to sex
selection apply both to ‘family balancing’
and to other kinds of sex selection. For
example, concerns have been raised about
child welfare, about the commodification
&/or instrumentalisation of children
&/or reproduction, and about the child’s
‘right to an open future’. Other
objections however are said to apply with
less force, or not at all, to ‘family
balancing’. Foremost among these are
arguments deploying the idea of sexism,
since (it is suggested) the motivation underlying
‘family balancing’ is generally
not sexist, or at least it is less sexist
than that underlying (many) other types
of sex selection.
The central thesis of this paper is that
the alleged differences between ‘family
balancing’ and other forms of sex
selection either do not exist, or are less
significant than is often supposed. More
specifically, it is argued that: (a) ‘family
balancing’ may be as vulnerable to
sexism objections as (many) other forms
of sex selection; (b) there are no (direct)
reasons to privilege a preference for ‘balance’
over (say) a preference for uniformity;
and (c) that permitting only ‘family
balancing’ sex selection is not the
only, or even the best, way of avoiding
population sex imbalance. |
|
*************
For more information, please contact Ruth
Fletcher, Associate Director CentreLGS, Law Department,
Keele University, Staffordshire ST5 5BG. r.fletcher@keele.ac.uk
If you wish to attend this event, please download the
Registration
Form and return it to Anisa de Jong, Centre
Coordinator, AHRC Research Centre for Law, Gender and
Sexuality, Kent Law School, Eliot College, University
of Kent, Canterbury, Kent, CT2 7NS, Tel: +44
(0) 1227 824474, Fax: +44 (0)1227 827831
|
|
|
|