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Unconstitutional denial of abortions and right to privacy: female inmates in the United States

Carmen M. Cusack

Department of Justice and Human Services, Nova Southeastern University, 3301 College Ave, Fort Lauderdale, FL 33314, USA

DOI: 10.15761/SHI.1000108

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In the United States, female prisoners are suffering from non-enforcement of abortion laws. Findings from a nationwide inquiry involving dozens of corrections departments demonstrate enforcement problems. Under Roe v. Wade, all women possess a right to terminate pre-viability pregnancies. Abortion is protected by the right to privacy. Some states controversially have required minors to attain parental consent prior to receiving abortive services. Adult women cannot be required to seek spousal consent. Recent findings and analyses establish the following: 1) many departments have abortion policies that are vacant; 2) some departments fail to disclose their abortion policies and procedures to the public via the internet to obscure their practices and lack of compliance with the law; 3) almost all departments are silent as to whether female inmates are allowed to choose how to abort (e.g., surgical or medication); 4) corrections departments fail to pay for inmates’ abortions, which they consider to be elective procedures, even in cases of inmate rape; and 5) inmates are subjected to humiliation when their relatives are notified of their pregnancies because departments require inmates’ families to pay for abortions and deposit commissary money, typically between $400 and $700. These findings prove widespread and detrimental infringements on the Constitutional rights of female inmates in America.

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Policy Bridge

Publication history

Received date: September 26, 2017
Accepted date: October 03, 2017
Published date: October 06, 2017

Copyright

©2017 Cusack CM. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

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2021 Copyright OAT. All rights reserv

Cusack CM (2017) Unconstitutional denial of abortions and right to privacy: female inmates in the United States. Sex Health Issues 1: doi: 10.15761/SHI.1000108

Corresponding author

Carmen M. Cusack

Carmen M. Cusack, Department of Justice and Human Services, Nova Southeastern University, 3301 College Ave, Fort Lauderdale, FL 33314, USA.

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