Deviating from the Norm? The Pregnant Body in Scandinavian Health Law
This article explores how the political ideal of data interacts with the legal entitlement of autonomy in the care of pregnant people guided by feminist theory and critical approaches to data. Using Scandinavian legislation and administrative practice, it analyses how the presence or absence of data...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2024-07-01
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832224000117/type/journal_article |
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| author | Katharina Ó Cathaoir |
| author_facet | Katharina Ó Cathaoir |
| author_sort | Katharina Ó Cathaoir |
| collection | DOAJ |
| description | This article explores how the political ideal of data interacts with the legal entitlement of autonomy in the care of pregnant people guided by feminist theory and critical approaches to data. Using Scandinavian legislation and administrative practice, it analyses how the presence or absence of data, namely scientific evidence, interacts with pregnant people’s legal autonomy in healthcare. Data –particularly scientific evidence - is shown as something that is not neutral but open to interpretation and misappropriation. First, administrative complaints illustrate that not only a lack of scientific studies on pregnant people but also patriarchal attitudes have implications for care. Second, Scandinavian legislation authorizes the involuntary detention of pregnant drug users despite an absence of evidence supporting such drastic actions. Third, complaints bodies are found to frame injury to pregnant bodies as a natural consequence of birth, despite clear evidence as to the duties of healthcare professionals in preventing harm. A relational approach that sees the pregnant body and fetus as integrated though quintessentially unequal is needed. Evidence is not the only answer; an approach that recognizes the dignity of pregnant people must be central. This requires eliminating coercion, recognizing the pregnant patient as the decision maker in healthcare choices and prizing the birthing patient’s voice as a valuable data source. |
| format | Article |
| id | doaj-art-a79ad9c64abc47b98bc21372a6a224bb |
| institution | OA Journals |
| issn | 2071-8322 |
| language | English |
| publishDate | 2024-07-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj-art-a79ad9c64abc47b98bc21372a6a224bb2025-08-20T02:30:28ZengCambridge University PressGerman Law Journal2071-83222024-07-012566568910.1017/glj.2024.11Deviating from the Norm? The Pregnant Body in Scandinavian Health LawKatharina Ó Cathaoir0https://orcid.org/0000-0002-1535-9134Faculty of Law, University of Copenhagen, Copenhagen, DenmarkThis article explores how the political ideal of data interacts with the legal entitlement of autonomy in the care of pregnant people guided by feminist theory and critical approaches to data. Using Scandinavian legislation and administrative practice, it analyses how the presence or absence of data, namely scientific evidence, interacts with pregnant people’s legal autonomy in healthcare. Data –particularly scientific evidence - is shown as something that is not neutral but open to interpretation and misappropriation. First, administrative complaints illustrate that not only a lack of scientific studies on pregnant people but also patriarchal attitudes have implications for care. Second, Scandinavian legislation authorizes the involuntary detention of pregnant drug users despite an absence of evidence supporting such drastic actions. Third, complaints bodies are found to frame injury to pregnant bodies as a natural consequence of birth, despite clear evidence as to the duties of healthcare professionals in preventing harm. A relational approach that sees the pregnant body and fetus as integrated though quintessentially unequal is needed. Evidence is not the only answer; an approach that recognizes the dignity of pregnant people must be central. This requires eliminating coercion, recognizing the pregnant patient as the decision maker in healthcare choices and prizing the birthing patient’s voice as a valuable data source.https://www.cambridge.org/core/product/identifier/S2071832224000117/type/journal_articlehealth lawEuropean comparative lawfeminist legal studiesdata feminismpregnant patientsScandinavian lawDanish law |
| spellingShingle | Katharina Ó Cathaoir Deviating from the Norm? The Pregnant Body in Scandinavian Health Law German Law Journal health law European comparative law feminist legal studies data feminism pregnant patients Scandinavian law Danish law |
| title | Deviating from the Norm? The Pregnant Body in Scandinavian Health Law |
| title_full | Deviating from the Norm? The Pregnant Body in Scandinavian Health Law |
| title_fullStr | Deviating from the Norm? The Pregnant Body in Scandinavian Health Law |
| title_full_unstemmed | Deviating from the Norm? The Pregnant Body in Scandinavian Health Law |
| title_short | Deviating from the Norm? The Pregnant Body in Scandinavian Health Law |
| title_sort | deviating from the norm the pregnant body in scandinavian health law |
| topic | health law European comparative law feminist legal studies data feminism pregnant patients Scandinavian law Danish law |
| url | https://www.cambridge.org/core/product/identifier/S2071832224000117/type/journal_article |
| work_keys_str_mv | AT katharinaocathaoir deviatingfromthenormthepregnantbodyinscandinavianhealthlaw |