Author: Neya Dharshini, SASTRA Deemed to be University
To the point
Healthcare policies are inalienable. There should be no discrimination in accessing healthcare services. Social determinants like education, environmental conditions, and livelihood also enhance discrimination. This research focuses on gender norms and gender inequalities reinforced in the reproductive health system. Gender discrimination in reproductive healthcare policies results in inequitable access to medication, affordability, and quality of care and treatment. Historically, this reproductive healthcare has been built by composing cultural and societal norms and mainly, gender stereotypes and marginalizing other communities. Generally, women are considered the primary victims of reproductive health care, and men and gender-diverse populations are often neglected for their reproductive health needs. This resulted in an inequitable distribution of healthcare resources. Reproductive policy plays an important role in molding the stereotypes of society and healthcare access. Gender bias in health care will eventually lead to inequalities in other social structures. This discrimination includes unequal access to several treatments like access to contraception, induced abortion, and stigmatization of abortion services. Mainly, the reproductive health needs of men are being neglected because of some preconceived notion that women need more reproductive healthcare access than men. This research aims to explore the gender bias on reproductive rights and the role of healthcare providers in this discrimination. It focuses on disclosing how Cultural and Societal norms influence reproductive healthcare policy and some discriminatory actions that are happening globally.
Abstract
Gender bias in healthcare policies is so dangerous that it affects the lives of many. Reproductive healthcare is one of the main aspects of medical healthcare and when there is a systematic barrier to accessing the same, it will lead to a disaster in the field of medicine. This research focuses on how cultural ties, community ties, and social stigma affect gender discrimination in accessing reproductive healthcare. This paper also holds the under-representation of women in the policy-making process and on the international stage. It insists that women should be put in leadership positions to show their community dominance in important decision-making processes. It focuses on the social barriers and economic barriers to increase the quality of gender discrimination in the medical field. The role of healthcare providers is very important in providing reproductive healthcare treatment as their words can influence the patients psychologically. This research paper is rooting for the appropriate policy advocacy and reforms that should be done to meet the needs at hand. Conclusively, this paper focuses on addressing the disparities and biases, especially in accessing reproductive healthcare, and tries to bring equality support equitable reproductive healthcare policies, and uphold the fundamental rights conferred in the constitution.
Use of legal jargon
Gender Bias on Reproductive Rights
Major questions that should be raised here are who should be given protection regarding reproductive health and are their rights being protected properly? Women and people who can give birth face a lot of difficulties and responsibilities in reproductive health, so they should be given protection. But coming to the latter part where it talks about rights, there relies upon the problem. Economic barriers, cultural stigma, and intersectional inequalities play a crucial role.
Reproductive rights should be considered fundamental rights in India. Our constitution gives the Right to Equality and the Right against Discrimination in Articles 14 and 15. These fundamental rights also implicitly include the right to equitable health and the right to a healthy livelihood. Reproductive health is related to many rights such as
Right to life
Right against torture
Right to health
Right against inhumane treatment
Right to privacy
Right against discrimination
From the angle of women’s reproductive health and reproductive rights, they have to be dependent on their spouses. For any treatment relating to their reproductive health, they need spousal consent to proceed with the treatment and their right is being violated here. From an international perspective, to remove such kinds of discrimination, the Committee on Economic, Social, and Cultural Rights (CESCR) and the Committee on Elimination of Discrimination Against Women (CEDAW) were signed by member countries and they are being practiced.
If we look into the reproductive rights of women from a social and cultural perspective, women are being valued for their ability to reproduce in this patriarchal concept of living. Early marriage and early pregnancy shrink the chances of getting an education for women. One of the major problems that violates the rights of women in many countries regarding reproductive health care is forced or coercive sterilization. This sterilization which is a permanent procedure to prevent pregnancy is not like family planning which is a temporary form of controlling birth. This sterilization happens to women in a forced and coercive way due to the dominance of the patriarchal system, especially in Namibia. In some cases, the victim does not even know that they have been sterilized, and only after the surgery procedure, do they come to know about it. In some cases, consent for the sterilization process will be obtained from the woman by emotionally threatening her and making her more vulnerable psychologically.
Jumping into the economic barriers, the amount that will be needed to cover all the expenses that we have to meet to have good reproductive health is expensive and that amount is not covered by the Medical Insurance. Seeing the intersectional inequalities, even though India has not officially legalized LGBTQ+ communities, there are in reasonable number of numbers in the country. These kinds of people are also being restricted from accessing their reproductive healthcare and rights because of their gender identity. People in rural areas and people listed under the Economic Weaker Section are also being denied their healthcare rights due to discrimination.
Cultural and Societal Norms Influence on Reproductive Healthcare Policy
This is purely about social and cultural ties that exist in our society even though we are developing consistently. These cultural ties change their shape according to the community which is following such ties. Men also engage equally in the reproduction process but they are not treated or seen as badly when they talk about it in public whereas women are always treated badly for speaking it out and they are restricted in many ways which are collectively called cultural and societal ties.
If a woman does not want a child, it is her choice to act upon it. But this society forces her to have a child and treats her badly for acting against societal values. These societal norms and values are man-made and need not be followed mandatorily. Even though we are a developing country, there are many rituals relating to menstruation and childbirth that need to be followed, or else society will consider them taboo to society. Early marriages are seen as an important example of these cultural and societal ties and because of such marriages, women get pregnant without any knowledge about it and they eventually become weaker due to restricted healthcare access, especially to women.
Another major factor that is driven by the societal and cultural norms is isolation. Economically wealthy people who also have higher social standards isolate the people in the weaker community in the name of “rural isolation.” This division among the people becomes a systematic barrier. Cultural conservatism often lays restrictions on the laws of abortion, laws on contraception, and rules & regulations of fertility treatments. The laws relating to reproductive health are always associated with nationalistic goals such as birth rates or controlling the increase in population. Fear of promoting “immorality” can result in abstinence-only education, neglecting comprehensive sexual and reproductive health education.
Role of healthcare providers
Healthcare providers have a crucial role in addressing gender discrimination complaints in healthcare access. They should understand that they should be able to treat all their patients equally and shoulder their patients in some cases. People who have not confirmed their gender yet will have some doubts relating to their reproductive life and for them to talk about it openly, the doctor or healthcare providers should be open-minded.
Sometimes healthcare providers hold their perspective of gender bias unconsciously and treat people like women should do family planning and men are always less involved in reproductive decisions. When we ask them for a suggestion, they associate their decisions with the prevailing cultural and societal norms and personal biases. In some cases, doctors disregard the opinions or decisions of the patients because of their gender or by seeing the community they belong. For example, women’s choices regarding family planning, abortion, sterilization, and pregnancy often being disregarded, thus taking away the autonomy of their bodies.
Men are not given importance for their reproductive health and women are provided with enormous treatments. Men are not educated properly about their reproduction as only women are facing contraception and dilemmas about their pregnancies. Contraception, family planning, and sterilization treatments are done only on women to avoid pregnancy. But men’s treatment, like vasectomy, is not given importance. Even now, men are not properly educated about the vasectomy, and it is underemphasized. So, doctors can educate about these reproductive treatments of women as well as men to give a clear view of reproductive health. Doctors and healthcare providers should avoid systematic barriers to accessing healthcare.
Discrimination happening in global perspectives
Discrimination starts in the workplace. A study made in 2020 says that older women doctors have faced gender-based harassment and age-based discrimination. They have been provided salaries that are always lower than the same-aged male medical healthcare providers and doctors. The women nurses and healthcare staff are also being discriminated against because of their gender and the culture of bullying has been consistently increasing. This injustice happening to women doctors and nurses leads to the question of how women patients coming to consult doctors are brig treated. Let us see some case studies in this regard.
The United Nations Population Fund has done a study on the social stigma and other factors that are pressurizing women to make reproductive healthcare decisions. It reveals that around the world, 6.5% of women want to avoid pregnancy and wish to do family planning or sterilization. Still, when they cannot access reproductive healthcare properly, they use controlling pills frequently which will lead to greater complications. The study also reveals that 25% of women all over the world are unable to refuse intercourse due to social stigma and stereotypes.
Pregnancy is seen as one of the most dangerous processes. In the earlier period, women could give birth to nearly 11-13 children since they were healthy and their food habits were also healthy. But now, food adulteration is happening, and people’s food habits have taken a shift to Western culture, so they are prone to get affected easily. A study reveals that around 810 women die every single day due to complications arising during pregnancy or during the time of childbirth. The case of the Inter-American Court of Human Rights, IV v. Bolivia, where a woman was involuntarily sterilized while giving birth, exemplifies how stereotypes in health care can remove the decision-making capacity and autonomy from women, refuse their right to informed consent, reinforce gender hierarchies, and violate reproductive rights.
Conclusion
Gender bias in reproductive healthcare policy remains a critical issue with significant implications for the health, rights, and well-being of individuals, particularly women and marginalized genders. It has been shown how current policies usually support patriarchal norms, limit the availability of full care, and do not fairly cater to diverse needs for reproductive health fairly. Structural inequalities, cultural stigmas, and a lack of intersectional perspectives exacerbate these challenges.
This research paper reveals how the sociocultural norms, stereotypes, lack of effective policies, and violent behavior of one gender against the other are rooted in our society. This research also discusses the difficulties faced by the marginalized community. Policymakers must engage with diverse stakeholders, including patients, healthcare providers, and advocacy groups, to ensure that reproductive healthcare policies are inclusive, non-discriminatory, and aligned with global human rights standards. By addressing systemic barriers and promoting equity, reproductive healthcare systems can evolve to meet the needs of everyone, fostering a healthier and more just society. The rules and actions of the United Nations Organizations should be made mandated to be followed by the member countries in certain matters that would affect livelihood if it is not being followed. Thus, even though many countries have not signed rules and regulations regarding medical facilities, they should be given the status of jus cogens.
FAQs
How does gender bias affect women’s access to reproductive health care?
Women may face restricted access to contraception, safe abortion services, or maternal care due to patriarchal norms, lack of autonomy, stigma, or legal restrictions. Policies may ignore or under fund women’s specific reproductive needs.
How are transgender and non-binary individuals impacted?
They face systemic discrimination, misgendering, lack of inclusive services, and legal/documentation barriers. Reproductive health policies often exclude gender-diverse people, making it difficult to access hormone therapy, fertility services, or respectful care.
