Should Pregnant Women Be Subject to Criminal Prosecution?

The research shows that criminalizing pregnant women who use or misuse drugs is harmful to both them and their unborn children. It emphasizes the consequences of policies that penalize pregnant women who use drugs instead of providing adequate therapy or care (Thomas et al., 2018). The findings suggest that criminalizing pregnant women for drug use is inefficient and damaging since it can result in poor health consequences for mothers and babies (Weber et al., 2021). Furthermore, the regulations are frequently discriminatory, and harm reduction measures help to guarantee that pregnant women get the treatment they need.

This is one of the reasons why criminalizing drug use by pregnant women is harmful to both moms and babies. Pregnant women who use drugs may be terrified of being arrested, detained, or imprisoned if they seek prenatal care or drug treatment. Furthermore, criminalizing a woman’s behavior during pregnancy breaches her fundamental rights, particularly her right to privacy and equal protection under the law (Carroll et al., 2021). It claims that it infringes on a woman’s freedom to procreate and bodily integrity. It penalizes women who want to go on with their pregnancy and encourages them to avoid criminal punishment to terminate their pregnancy. As a result, it is essential to note that specific regulations may favor abortion (Carroll et al., 2021). Furthermore, it discriminates against women in general since it does not penalize dads who engage in behavior that may harm an unborn child.

References

Carroll, J. J., El-Sabawi, T., & Ostrach, B. (2021). The harms of punishing substance use during pregnancy. International Journal of Drug Policy, 98, 103433. Web.

Thomas, S., Treffers, R., Berglas, N. F., Drabble, L., & Roberts, S. C. M. (2018). Drug use during pregnancy policies in the United States from 1970 to 2016. Contemporary Drug Problems, 45(4), 441–459. Web.

Weber, A., Miskle, B., Lynch, A., Arndt, S., & Acion, L. (2021). Substance use in pregnancy: Identifying stigma and improving care. Substance Abuse and Rehabilitation, 12, 105–121. Web.