Reconfiguring Child and Parental Rights: A Case for Coerced Contraception |
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Authors: | Charles F Thurber MD MA |
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Institution: | (1) University of Virginia School of Medicine, 1556 Stoney Creek Drive, Charlottesville, Virginia, VA 22902, USA |
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Abstract: | Flagrant child abuse and neglect touches community sensibilities and suggests the option of coerced contraception in dealing
with irresponsible contraception. This idea is resisted by the notion that the right to reproduce is fundamental. Law and
ethics uphold this right, seeing it grounded in privacy and bodily integrity. Gender, race and class issues also argue against
the idea of coerced contraception. This essay challenges these traditional positions by constructing a case for coerced contraception
from several viewpoints. On balance, the right to reproduce has considerably less legal and moral weight compared to the birthright
of the child not to be harmed and to have an open future. Examined critically, coerced contraception does not represent an
unusual or excessive burden. Strict scrutiny and due process issues are addressed in allowing coerced contraception to become
public policy. Various objections to this thesis are anticipated and answered. These include, but are not limited to, the
ideas that personal dignity and the physician patient relationship are endangered and that a slippery slope would lead to
greater restrictions on personal freedom.
Charles F. Thurber is Clinical Assistant Professor, University of Virginia School of Medicine, Virginia. |
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Keywords: | Coerced Contraception Reproductive Rights Birthright Child Abuse and Neglect Due Process Strict Scrutiny |
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