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Feminist Perspectives in Health Law
Seema Mohapatra1, Lindsay F Wiley1
1Seema Mohapatra, J.D., M.P.H., is an Associate Professor of Law and Dean's Fellow at Indiana University Robert H. McKinney School of Law. Lindsay F. Wiley, J.D., M.P.H., is a Professor of Law and Director of the Health Law and Policy Program at American University Washington College of Law.
Summary
Feminist legal theory provides a valuable lens for analyzing health law and policy, offering insights into patient choice, safety, and access. This approach helps address systemic injustices within healthcare systems.
Area of Science:
- Feminist legal theory
- Health law and policy analysis
Background:
- Feminist legal theory offers underutilized perspectives for examining health law and policy.
- Existing frameworks like relational autonomy, intersectionality, and vulnerability theory can illuminate complex health issues.
Purpose of the Study:
- To demonstrate the utility of feminist legal theories in health law analysis.
- To explore three key areas at the intersection of health law and feminist legal theory: patient choice, patient safety, and healthcare access.
Main Methods:
- Application of feminist legal theoretical frameworks: relational autonomy, intersectionality, vulnerability theory, and critique of the public-private divide.
- Analysis of existing scholarship and identification of future research directions.
Main Results:
- Feminist frameworks offer insights into gender-related and non-gender-related issues in health law, including patient choice, quality, and access.
- Identified key areas for inquiry: patient choice/relational autonomy, patriarchy/power/patient safety, and healthcare access/public-private divide.
Conclusions:
- Feminist legal theory is crucial for a comprehensive understanding of health law and policy.
- A central challenge is reconciling the use of legal rights, which can be oppressive tools, with the pursuit of social justice in health.
- Future feminist agendas in health law must address this dilemma to combat injustice effectively.
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