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Women's Rights Argument Analysis

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Illicit drug use by women is also not new. By the end of the 19th century, almost two-thirds of the nation's opium and m morphine addicts were women. The issue of drug use during pregnancy began to focus on the possible harm to the unborn child. By 1962, evidence showed that a rare set of deformities, mostly limb malformations, were caused by the drug and 8,000 children had been affected. Pregnant women aged 15 to 44, 5.4 percent were current illicit drug users based on data averaged across 2012 and 2013. (Lester, Barry) This was lower than the rate among women in this age group who were not pregnant 11.4 percent. Among pregnant women aged 15 to 44, the average rate of current illicit drug use in 2012-2013 5.4 percent was not significantly…show more content…
Advocates of the right to privacy contend that a woman does not lose her right to privacy simply because she becomes pregnant, and the constitutional right to privacy 'extends to both women and men, regardless of their biological differences. (Lyttle, Tiffany) Advocates, therefore, contend that because the Constitution does not differentiate among persons who are able to enjoy the right to privacy, the pregnant woman remains a 'person' as defined and protected under the Constitution. (Lyttle, Tiffany) A difficult situation happens when the law requires the reporting of nonmedical use of controlled substances by a pregnant woman or that require drug testing after delivery if illicit drug use is suspected. These laws can have the effect of women not seeking prenatal care. Drug testing during pregnancy, or postnatally, can have consequences. In many States, pregnant and parenting women can be reported to child protective services, even though the courts have struck down criminal charges against women who are pregnant and use drugs. Women have the right to refuse drug testing (American College of Obstetricians and Gynecologists, 2008); however, if drug abuse is suspected that is contributing to child abuse, reporting to child protective services is necessary - The American fetal protection movement is among developed and developing nations. While other countries also have populations of poor women whose lives are addicted to alcohol and other drugs, only in the United States are these women treated as criminals while pregnant. Treatment for drug and alcohol addiction in order to increase the chances that women can nurture and provide for their children, as well as reduce addiction. The Constitution does not provide an individual with the right to use the drug. The Court in Robinson held that the Constitution prohibits the State from punishing an individual simply due
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