Week 4 Notes: Tuesday 1/31/17 Family Planning Laws and and Policies:China’s One Child Policy Family planning definition: policies regulating childbirth, contraception, prevention, health Background: support for family planning programs and policies exist in 192 countries. That’s cumulatively 99% of the world’s population. Issues in controversy include contracDon't forget about the age old question of What is the PittmanRobertson Act?
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eptives. Healthcare, insurance coverage, abortions, sex selection, reproductive technology, population control. Should we raise premiums for women vs. men? Should teens be covered under Mom’s policy. Maternity leave. ART: who has parental rights? Can government regulate how many kids you have? Objective of policy should be to address some type of crisis. Chart: vast majority of globe has some family planning policy Public Policy Rationale Family planning programs generally have 3 underlying objectives: 1. Demographic rational population growth and balance. Not enough land. Population growth would hinder economic development. Environmental concerns. Threatening natural resources. More younger people than middle working aged people. Middle work class increase productivity and nations. 2. Health rationale these policies focused on mitigated adverse health effects of high fertility. Healthy and safe children and mothers. Medicaid assists low income families in pregnancy and first year of the child. 3. Human rights rationale idea that should government have business in our bedrooms? What if another child means more hands. And increases productivity? Family planning around the World US Roe v. Wade women have the right to free choice at least in the first semester. Australia legislation has left it up to the states. No sex selection. Ban on abortion unless risk of genetic condition up to 24 weeks India MTP, PMDT acts abortion up to 12 weeks except some serious mental or risk of death to mom. No sex selection. New Zealand abortions only if there is some DO or genetic disease. Or if pregnancy is result of rape or incest. Or if girl is severely abnormal. Canada when women’s life was in danger. Omnimous Bill abortion a private decision. Broaden “to health of the mother”. Health can mean anything. Therapeutic committees. Abortion about freedom. 1988 struck down abortion law. Abortion is publically funded. China China’s One Child Policy1978 Introduced to curb population growth (bc of econ. And resources needed for productive society) More people live in china than any other country across the globe. Implemented in 1979. 1.3 billionth birth. Without this policy would have reached this population 4 years ago. People’s Republic of China restrict urban couples to only one child. Few exceptions: location matters. Foreign families living in China. Twins can keep them. Rural couples if belong to ethnic minority. Couples who themselves are only children. Some rural (country) areas relaxed it to 2 children. Penalties and Punishments? Social compensation fee you can pay the fee to have another child. Fee: based on family income. Can be up to 4Xs a family’s annual income. These fines brought over 3 billion dollars to the government. Sometimes forced abortions Highest Population 1.3 Billion China 1.261 Billion India 319 Million US Sex determination is illegal in China. “Red package” bribe to doctors for determining the sex before birth. 142 boys: 100 girls. REEF Questions: 1. Extend to the right to privacy under the 14th Amendment to a woman’s decision to have an abortion Answer: Roe v. Wade 2. Country that introduced 1 child policy in 1978 to control population growth. Answer: China 3. Does the government have a legitimate interest in regulating family matters such as childbirth? Does the government have any business in your bedroom? Why or why not? Divided opinions. Thursday 2/2/17 Is the penalty really a deterrent? By product: The perfect (spoiled) child Imbalances of the sexes Cultural pressure for boys Devaluation for girls? Selective and forced abortions? Aging population? Birth tourism? Parents hire an Ayou (babysitter or grandparents chime in) to care for the children. Only children spoiled, don’t have teambuilding idea. Imbalance of the Sexespeople determining sex and if can only have a child I want the one who is more valuable and help take care of us in old age. India: Dowry cost if female it translates into debt for me. There is value in a son. Devaluation in girls here. We had a demographic rationale very few in the working classmiddle. Huge cultural pressure on boys. 142 boys: 100 girls. Normal balance 106:100. Now an issue with opportunities for marriage and procreation. Selective abortion Sexselection and abortion if you don’t want that sex. There are incentives for people to rat out people who are in violation of the policy. And they will round up the people and enforce abortion. Devaluation We have that too. Pay wage difference. Thousands of unregistered births. Fail to seek prenatal care. Haiku withheld from family until you pay that fine. Birth Tourism is travel to another country for the purpose of giving birth in that country. "Anchor baby" is another related term which can have negative connotations. Some countries go to: Canada, Hong kong, Sypan. Effectiveness of Programs Policy: Goal is to reduce the amount of births. Policy: effective we achieved our goal. Even though more than ½ of the population actually live in rural areas the policy reduced the population exponentially. Prevented an estimated 300400 million births (19292011). Benefits of family planning Saves/improves lives Expands access and choice Promotes maternal, infant, and child health Reduces unsafe abortions, infant mortality and maternal deaths Major benefits to families and communities Is the investment in FP significant? What is the US doing? Planned Parenthood (Title 10 or X) in 1970 (Nixon Era) Public Health Service Act (taxpayers pay for this) allows low to no income families to still get services in year of pregnancies and first year of birth. Contraceptives, STD testing and Tx, prenatal cares, sex ed and counseling.=increased health of baby. Local clinic on a sliding scale. Foreign Policy (USAID) we provide services and products and education to assist with good motherhood, health prenatal care. Health products to mothers newborns and children to help developing nations. Ex. anti malaria nets, contraceptives. We do give assistance to other nations. Movie It’s a GirlIndia and China sons bring strength wealth and blessings. India need to pay dowry to husbands family. Gendercide. Many girls in orphanages abandoned by families who do not want daughters. Women don’t feel bad about killing baby. They live in a lot of poverty. Place cloth on child face and suffocating child. In China they are called little emperors gets all the attention. When grows up tables turned will have to support parents and grandparents (6 adults). Too many pensioners too few workers. Ethnic minorities exempt from one child policy. Week 5 2/7 Victims meet with perpetrators. These offenders are real people who have made bad decisions. Creates a safe environment for them to meet and discuss and answer some answered questions. Restorative Justice: Who’s been hurt ? what are their needs? We look at punishment against offenders. A lot of offenders feel remorse and guilt. Replaying the scene of the event in attempt to answer questions and find healing and forgiveness. Regaining honor on the offender's part. Restarting your life. Recreate your story that incorporates what you went through. Thursday 2/9 Modern Alternative Approach to Resolving Disputes : Therapeutic Jurisprudence Restorative Justice Therapeutic Jurisprudence Concept of breaking away from the traditional adversarial approach (someone against you) to target the root of defendant’s problems in hopes of solving them and thus eliminating crime. Breaking AWAY from Prosecution vs. defense. Someone wins someone loses. 2 opposing sides and court is the truth seeking arena. Has pros and cons. Other influences into crime committing, addiction, mental health, divorce. Characteristics: Procedural justice, judgeclient personal interaction, empathy, active listening, healing approach Goal here: is about healing, judge and client interaction, procedural justice, empathy and concerns for victims and offenders. Very small percentage are death row. They will be released someday. So do we continue to keep them imprisoned and breed hatred and anger and then they are released on the street. Essential Elements of Therapeutic Jurisprudence: Immediate intervention court intervenes to address problem. Get to the root Nonadversarial approach adjudication Hands on judicial involvement monitors offender and RJ programs sees to end Treatment programs with clear and structured goals need to complete all the objectives if not back to adversarial approach Team approach all community gets pulled in (counselor, mediators) that gives services bridge the gap between offender and victim. Now we can release a better person into society? ProblemSolving Courts in TJ:“Boutique” Courts structure and very narrow purposes Drug courts get to root reduce revolving door, diversion program punishment dissipated or reduced Domestic violence courts Mental health courts Reentry get them back into society Restorative Justice falls under TJ: A proactive approach to solving legal problems by focusing on the psychological, emotional, and physical wellbeing of those affected. Not just victims offenders too. Repairing the harm caused by the crime through participation in a process of healing and reconciliation Stakeholders collectively resolve how to deal with the aftermath of the offense and its implications for the future. Key Players RJ: offender, victim, community partners. Voluntary process not mandatory. Objectives in RJ: Restoration righting wrongs Reduce recidivism this works long term benefits to this Reintegrationinto society Responsibility giving them opportunity to accept responsibility Reconciliation/healing 5 advantages of RJ (Weitekamp) 1. Rediscovery of the victim front and center of this process getting the offenders need heard 2. Less severe, more humane sanction 3. Rehabilitation of the offender 4. Fairly easytoadminister sanction in fact cost benefit to this process 5. Society at large benefits from a more humane approach Shortcomings in RJ Practice discretion (unsystematic) not all districts have the opportunity to do this property/1st time offenses Commonly “added to” incarceration not “in lieu of “ never replace prison time Disproportionate admission of minorities. Some of these programs cost money. Will that allow some to afford and some who can’t afford? Juvenile vs. adult offenders Planning, implementation, evaluation Participation in Victim offender Mediation Reduces Recidivism 19% mediation 30% comparison groupIs it working? Studies show: Reduced recidivism the tendency of a convicted criminal to reoffend. Fewer and less serious offenses Healing and reconciliation Increased satisfaction of the players involved Rehabilitation reintegration Positive attitudinal changes opportunity to say I’m sorry Increased awareness of impact Contemporary RJ Practices around the world. Read Jensen Article. Africa chiefs’ or elders’ court/council. Chief and elders help resolve dispute. Australia and New Zealand Diversion, conferences, reparations/sanctions. Sudanese Culturally tailored, practicebased RK intervention. Criminal and civil models Civil disputes someone borrows money and doesn’t want to pay back. Cultural tensions of generations of Sudanese integrating into American way of life. Elderly had a hard time assimilating they wanted to hold on to cultural and ethnic identities. Young wanted to assimilate into American life. R intervention in place and positive outcomes. Find out in article. Rwanda Gacaca courts:https://www.youtube.com/watch?v=FnHwWMEql Grass courts. Aftermath of genocide. Righting wrongs. Argument: you were there I saw you. HIs argument: it wasn’t me. Spectators from the community. These RJ are binding on the participants. If a part of it more likely to participate in the outcome. Week 5: Thursday 2/14/17 :Homophobia and LGBT Rights Jamaica is the most homophobic place on earth Homophobia emcompasses a range of negative attitudes and feelings toward homosexuality and LGBT people. Contempt, prejudice, aversion, hatred. A lot of fear of the unknown with these people. Violence and discriminatory behaviour on the basis of sexual orientation. Buggery law. Applicable Laws Mala in se inherently wrong, no matter the culture. Consistent across the board. Innately problematic. Assault, murder. Mala prohibita a crime not because wrongful in and of itself. But because the law prohibits it. Ex. jay walking. Not paying taxes. Buggery anal intercourse Offenses Against the Person Act of the Jamaican Criminal Code (Articles 76,77,79) read these 76: abominable crime with man and animal (equating homosexuality with animal behaviour). Unnatural crime.not exceeding 10 years 77: indecent assault on male serve seven years. Abominable crime. If attempt to commit crime 7 years. 79: any male person in public or private commits or procures. Outrages on decency Public affection: Kissing, holding hands all could be considered gross indecency. Examples of Stigma or Manifestations of Homophobia People ostracized, ridiculed. Prejudice/Discrimination Denial of employment/social services Physical and psychological violence Hate crimes Violence against medical practitioners who treat homosexuals Murder Ex. David Kato gay rights activist teacher in Uganda, Dwaine jones 16 year old murdered by mob. Celebration of deaths in the streets Effects of the Stigma White Carr Widespread reluctance to get tested or receive tx serious public health concern Bisexuality is common but hidden Isolation Ppl driven from homes and communities Suicide (CA, HIV Diagnoses) study cancer Dx vs. HIV Dx. for cancer its oh so sorry how can I help you. HIV response oh typical. Growing rates of suicide among those who find themselves HIV positive. Perceptions males vs. females Don’t ask, don’t tell policy Research by White and Carr Study relationship of homophobia to HIV/AIDS related stigma in Jamaica Methods/goals interviewed people Findings as a result they criminalized homosexual behaviour we see homophobic issues. Stigma delay in testing, driven from home. Antigay sentiments in popular culture. In music. Even if you are gay who will cover the costs? Many restrictions. It is also a class issue here. If I am rich I have access to resources vs. the poor sector that has to result to local clinics. Is wealthy can pay for treatment in cash and escape the violence if I have the resources. I can move and seek refuge in another place. If low class more susceptible. Conclusions Cultural Differences How is “coming out different in the US vs. in Jamaica? Does gender matter? Does class matter? Homophobia in music Bottom Batty man Chi Chi boy “Boom Bye Bye” lyrics until their skin peel like acid. Very violent. Desensitization to violence. Inside storyhomeless homosexuals (Jamaica) Sanjay kicked out of home. Growing with time. Lot cleared and now homeless has nowhere to go. Ricky voluntarily left his house to protect his family. If gay family puts you on the street. Patrick says if a child is a minor and so you are endangering child can be charged. Sanjay engages in homosexual prostitution to makes ends meet and get food. Jay relationship with family is improving. Coming to accept him. The Abominable Crime : When your love is against the law Arguing this is a human rights issue. Activist argue there should be some repeal of the law. Brother sister (Simone) and Teacher activist and husband (priest) J Flag activist movement against homophobia (Brian) According to Jamaica mentality Homosexualtiy is an abomination and HIV/AIDS is the condemnation AntiBuggery law buggery is an offense and up to 12 years of prison time. David Kato uganda activist murdered. Maurice had to flee with his husband.