Mothers' rights: Difference between revisions
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'''Mother's |
'''Mother's rights''' are the legal obligations for expecting mothers, existing mothers, and adoptive mothers. Issues that involve mothers' rights include labor rights, breast feeding, and family rights. |
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===Labor Rights=== |
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Labor rights for mothers in the United States consists of maternal leave during the various stages of pregnancy as well as when the baby is born and afterwards. It also includes work procedures for new mothers returning to their work place after giving birth. Time women are allowed to take off for child birth is refereed to as maternity leave. Each state and company has it's own laws regarding the allotted time allowed off for [[parental leave|family leave]], as well as any other support given to new mothers. The [[Family and Medical Leave Act of 1993]] (FMLA) has set laws for companies across the board setting the minimal requirements for maternity leave. The regulations set by FMLA apply to mother's, father's, and adoptive parents. The act requires most companies to allow up to 12 weeks of non paid family leave. <ref>{{cite web|title=Maternity Leave|url=http://americanpregnancy.org/planning/maternity-leave/|website=American Pregnancy Association Promoting Pregnancy Wellness|publisher=American Pregnancy Association|accessdate=2015}}</ref> |
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== Universal Declaration of Human Rights == |
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The National Partnership for Women & Families and other organizations have advocated for longer maternity leave and fairness in the workplace for mothers. The United States lags behind most other nations in granting paid maternity leave. Most countries guarantee paid leave, with many offering more than 3 months paid leave, the U.S. doesn't guarantee a single day of paid leave. |
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{{Wikisource|Universal Declaration of Human Rights}} |
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Mother's rights are enshrined in Article 25 of the [[Universal Declaration of Human Rights]]: |
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{{Blockquote |
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|text=2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. |
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|multiline=yes |
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|source=[https://www.un.org/en/about-us/universal-declaration-of-human-rights Universal Declaration of Human Rights, Article 25] |
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}} |
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==Labor rights== |
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Once mothers return to work there is also laws set in place for nursing mothers while they are at work. Employeers are required to allow these mothers reasonable break time when they express the need to discard their milk supply for up to a year after they have given birth. They are also required to provide a private and secluded place, other than a restroom, for these mothers to discard their milk supply. These laws can be found in The Patient Protection and Affordable Care Act of 2010. <ref>{{cite web|first1=US Department of Labor|title=Break Time for Nursing Mothers|url=http://www.dol.gov/whd/nursingmothers/|website=Wage and Hour Division|accessdate=2015}}</ref> |
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Labor rights for mothers in the United States consist of maternal leave during the various stages of pregnancy as well as when the baby is born and afterwards. They also include work procedures for new mothers returning to their workplace after giving birth. The time women are allowed to take off for childbirth is referred to as maternity leave. Each state and company has its own laws regarding the allotted time allowed off for [[parental leave|family leave]], as well as any other support given to new mothers. The [[Family and Medical Leave Act of 1993]] (FMLA) has set laws for companies across the board setting the minimum requirements for maternity leave. The regulations set by FMLA apply to mothers, fathers, and adoptive parents. The act requires most companies to allow up to 12 weeks of non-paid family leave.<ref>{{cite web|title=Maternity Leave|url=http://americanpregnancy.org/planning/maternity-leave/|website=American Pregnancy Association Promoting Pregnancy Wellness|publisher=American Pregnancy Association|date=2012-04-26}}</ref> |
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Furthermore, US Law protects workers against harassment of and employers that discriminate against a worker based on being pregnant, if they were pregnant, or intend to become pregnant under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). Pregnant workers may also be able to request adjustments in their workdays to accommodate their health such as breaks to the bathroom.<ref>{{cite web|title=Legal Rights of Pregnant Workers under Federal Law|url=https://www.eeoc.gov/laws/guidance/legal-rights-pregnant-workers-under-federal-law|website=US Equal Employment Opportunity Commission}}</ref> |
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==Breast Feeding=== |
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==Breast feeding== |
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===Family Right's for Mothers=== |
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[[Breast feeding]] is the act of supplying nutrients to an infant with human breast milk by means of breast or bottle.<ref>{{cite web|title=Breastfeeding and Breast Milk: Condition Information|url=https://www.nichd.nih.gov/health/topics/breastfeeding/conditioninfo/Pages/default.aspx|website=www.nichd.nih.gov}}</ref> |
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There are specific laws in place in each state regarding breast feeding as well as federal laws. Every state except for Idaho has a law that allows women to breast-feed in any public or private location. Although the majority of states allow breast feeding anywhere, only 29 states exempt breast feeding from public indecency laws, meaning the exposure of nudity in public.<ref>{{cite web|author=National Conference of State Legislatures|title=BREASTFEEDING STATE LAWS|url=http://www.ncsl.org/research/health/breastfeeding-state-laws.aspx#California|website=NCSL}}</ref> |
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The federal laws concerning breast feeding mothers relate to working mothers. Once mothers return to work there are also laws set in place for nursing mothers while they are at work. Employers are required to allow these mothers reasonable break time when they express the need to discard their milk supply for up to a year after they have given birth. They are also required to provide a private and secluded place, other than a restroom, for these mothers to discard their milk supply. These laws can be found in The Patient Protection and Affordable Care Act of 2010.<ref>{{cite web|author=US Department of Labor|title=Break Time for Nursing Mothers|url=http://www.dol.gov/whd/nursingmothers/|website=Wage and Hour Division}}</ref> |
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==Family rights for mothers== |
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Mother's have many rights that relate to family law including making decisions on behalf of their children including medical decisions as well as who is around their child. Mother's also have the legal right to pursue their child's father for child support. |
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===Parents' rights=== |
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{{Further|Parents' rights movement}} |
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Each state has their own specific laws regarding a mother's legal rights and responsibility to her child. All legal statutes declare that the mother or parents are allowed to make the decisions regarding a child's education, religion, medical care, and deciding where the child will live. A biological mother, fathers married to the mother before or after the child's birth, and {{as of|2003|lc=y}}, fathers on their child's birth certificate are automatically given this legal right for their child.<ref>{{cite web|title=Parental Responsibility|url=http://rightsofwomen.org.uk/get-information/family-law/parental-responsibility/|website=Rights of Women Helping Women Through the Law}}</ref> |
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===Child custody and support=== |
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==Infant formula== |
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Although a mother has certain custody rights when there is a battle for custody it is still the court's responsibility to choose the best circumstance for the child.{{citation needed|date=July 2024}} |
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The [[WHO]] and [[UNICEF]] produced the [[International Code of Marketing of Breast-milk Substitutes]] (Marketing Code), the [[Baby Friendly Hospital Initiative]], and the Innocenti Declaration (of 1990). These three actions are the international standards that many countries (over 65% of the 192 WHO member states) have enacted into their national laws. There are only nine countries in the WHO that have not taken action on the Marketing Code to give it effect. The U.S. is one of those nine. The Marketing Code is used to combat false and aggressive advertising tactics [[infant formula]] companies use to sell formula, including giving away just enough free formula that the breastmilk of new mothers dry up, falsely telling mothers they will not be able to produce enough breast milk to breastfeed their children, and falsely advertising that formula-fed children are smarter than breastfed children.{{Citation needed|date=July 2008}} The WHO has compared the current tactics by these companies, mostly U.S. based, to the tactics that led to the [[Nestlé boycott]] in 1977.{{Citation needed|date=July 2008}} |
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The year 2007 marks the 30th anniversary of the [[Nestlé boycott]] and the 20th anniversary of the Global Safe Motherhood Conference. In October 2007, the third decennial (occurring every ten years) conference was held, entitled "Women Deliver."{{Citation needed|date=July 2008}} |
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==In the United States== |
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In the United States, flexible working hours may be arranged by individuals with no assistance from the government. Childcare can cost more than tuition at a public university.<ref>{{Cite book |
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|last=Totah |
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|first=Paul |
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|title=Parents and the High Price of Child Care: 2008 Update |
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|publisher=National Association of Child Care Resource and Referral Agencies |
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|url=http://www.naccrra.org/docs/reports/price_report/Price_Report_2008.pdf |
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|page=1 |
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|quote = "In 44 states and the District of Columbia, the average annual price for child care for an infant in a child care center is higher than a year’s tuition at a four-year public college." |
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|year=2008}}</ref> In some states (notably Pennsylvania) a woman can be turned down for a job because she is a mother.<ref>[http://www.momsrising.org/PA Pennsylvania in Action! | Moms Rising<!-- Bot generated title -->]</ref> There is currently a movement towards improving this situation which is focusing on improving the situation state by state. |
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The U.S. has very high rates of [[Caesarean section]],<ref> |
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{{Cite web |
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| url=http://www.usatoday.com/news/health/2008-01-07-csections_N.htm |
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| title=Answers prove elusive as C-section rate rises |
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| accessdate=March 30, 2009 |
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| last=Rubin |
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| first=Rita |
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| date=January 7, 2008 |
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| publisher=[[USA Today|usatoday.com]] }} |
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</ref> epidural,<ref> |
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{{cite journal |
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|title=Epidural Anesthesia: A Resource to Use Judiciously |
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|url=http://www.nursingcenter.com/library/JournalArticle.asp?Article_ID=598196 |
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|journal=Journal of Perinatal and Neonatal Nursing |
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|date=July–September 2005 |
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|volume=9 |
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|issue=3 |
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|pages=207–209 |
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|last=Tillett |
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|first=Jackie |
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}} |
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</ref> and induction.<ref> |
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{{cite journal |
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|title=Trends in labor induction in the United States: is it true that what goes up must come down? |
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|last=Kirby |
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|first=R. S. |
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|journal=Birth: Issues in Perinatal Care |
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|volume=31 |
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|issue=2 |
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|pages=148–151 |
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}} |
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</ref> |
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==See also== |
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*[[Pregnant patients' rights]] |
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*[[Breastfeeding in public]] |
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*[[Othermother]] |
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==References== |
==References== |
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<references/> |
<references/> |
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==Publications and External Links== |
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* ''The Motherhood Manifesto: What America's Moms Want and What to do About It'', by Joan Blades and Kristin Rowe-Finkbeiner, National Books, NY 2006. |
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* "Getting a Job: is there a motherhood penalty" by Shelley Correll [http://www.news.cornell.edu/stories/Aug05/soc.mothers.dea.html] |
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* "Expecting Better: A State by State Analysis of Parental Leave Programs" by Jodi Grant et al. [http://paidsickdays.nationalpartnership.org/site/DocServer/ParentalLeaveReportMay05.pdf?docID=1052] |
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* "The Work, Family and Equity Index: Where does the United States Stand Globally?" by Jody Heymann et al. [www.mcgill.ca/files/ihsp/WFEI2007FEB.pdf] [Global Working Families http://www.hsph.harvard.edu/globalworkingfamilies/] |
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* "Family Friendly Work Schedules" AFL-CIO [http://www.aflcio.org/issues/workfamily/workschedules.cfm] |
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* "The High Cost of Childcare puts Quality Care Out of Reach for Many Families" by Karen Schulman (Washington DC, Children's Defence Fund, 2000) [http://www.childrensdefense.org/childcare/childcare/highcost.pdf] |
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*[http://www.batteredmotherscustodyconference.org/ Battered Mothers Custody Conference] |
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*[http://www.mothers-for-justice.net/ Mothers for Justice] |
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*'Why can't I use my mother's name?' http://www.rediff.com/money/2003/aug/01spec2.htm |
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{{Family rights}} |
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[[Category:Family]] |
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[[Category:Women's rights]] |
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[[Category:Motherhood]] |
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[[Category:Feminism and social class]] |
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[[Category:Feminism and the family]] |
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[[Category:Mothers' rights| ]] |
[[Category:Mothers' rights| ]] |
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[[Category:Breastfeeding]] |
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[[Category:Law of the United States]] |
Latest revision as of 08:26, 22 July 2024
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Mother's rights are the legal obligations for expecting mothers, existing mothers, and adoptive mothers. Issues that involve mothers' rights include labor rights, breast feeding, and family rights.
Universal Declaration of Human Rights
[edit]Mother's rights are enshrined in Article 25 of the Universal Declaration of Human Rights:
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Labor rights
[edit]Labor rights for mothers in the United States consist of maternal leave during the various stages of pregnancy as well as when the baby is born and afterwards. They also include work procedures for new mothers returning to their workplace after giving birth. The time women are allowed to take off for childbirth is referred to as maternity leave. Each state and company has its own laws regarding the allotted time allowed off for family leave, as well as any other support given to new mothers. The Family and Medical Leave Act of 1993 (FMLA) has set laws for companies across the board setting the minimum requirements for maternity leave. The regulations set by FMLA apply to mothers, fathers, and adoptive parents. The act requires most companies to allow up to 12 weeks of non-paid family leave.[1]
Furthermore, US Law protects workers against harassment of and employers that discriminate against a worker based on being pregnant, if they were pregnant, or intend to become pregnant under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA). Pregnant workers may also be able to request adjustments in their workdays to accommodate their health such as breaks to the bathroom.[2]
Breast feeding
[edit]Breast feeding is the act of supplying nutrients to an infant with human breast milk by means of breast or bottle.[3] There are specific laws in place in each state regarding breast feeding as well as federal laws. Every state except for Idaho has a law that allows women to breast-feed in any public or private location. Although the majority of states allow breast feeding anywhere, only 29 states exempt breast feeding from public indecency laws, meaning the exposure of nudity in public.[4] The federal laws concerning breast feeding mothers relate to working mothers. Once mothers return to work there are also laws set in place for nursing mothers while they are at work. Employers are required to allow these mothers reasonable break time when they express the need to discard their milk supply for up to a year after they have given birth. They are also required to provide a private and secluded place, other than a restroom, for these mothers to discard their milk supply. These laws can be found in The Patient Protection and Affordable Care Act of 2010.[5]
Family rights for mothers
[edit]Mother's have many rights that relate to family law including making decisions on behalf of their children including medical decisions as well as who is around their child. Mother's also have the legal right to pursue their child's father for child support.
Parents' rights
[edit]Each state has their own specific laws regarding a mother's legal rights and responsibility to her child. All legal statutes declare that the mother or parents are allowed to make the decisions regarding a child's education, religion, medical care, and deciding where the child will live. A biological mother, fathers married to the mother before or after the child's birth, and as of 2003[update], fathers on their child's birth certificate are automatically given this legal right for their child.[6]
Child custody and support
[edit]Although a mother has certain custody rights when there is a battle for custody it is still the court's responsibility to choose the best circumstance for the child.[citation needed]
References
[edit]- ^ "Maternity Leave". American Pregnancy Association Promoting Pregnancy Wellness. American Pregnancy Association. 2012-04-26.
- ^ "Legal Rights of Pregnant Workers under Federal Law". US Equal Employment Opportunity Commission.
- ^ "Breastfeeding and Breast Milk: Condition Information". www.nichd.nih.gov.
- ^ National Conference of State Legislatures. "BREASTFEEDING STATE LAWS". NCSL.
- ^ US Department of Labor. "Break Time for Nursing Mothers". Wage and Hour Division.
- ^ "Parental Responsibility". Rights of Women Helping Women Through the Law.