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\\jciprod01\productn\N\NVJ\13-3\NVJ304.txt unknown Seq: 1 12-JUN-13 13:56 GLOBAL LEGAL RESPONSES TO PRENATAL GENDER IDENTIFICATION AND SEX SELECTION...

Consider Mohapatra’s article Global Legal Responses to Prenatal Gender Identification and Sex Selection.
As nurses, participating in a global environment or at home with diverse populations, we may face personal challenges when dealing with cultural differences.  Patients may have cultural beliefs that impact their healthcare decision-making in opposition to our own health beliefs and values.  Culturally competent nursing care is critical to best patient outcomes.  The ability to appreciate viewpoint different from our own is an important characteristic of a culturally competent nurse. Self-reflection can be used to examine our biases, values, and personal healthcare beliefs.  Having better understanding of our own cultural beliefs can help to improve our cultural competence. 

Using the information in this article as your basis, reflect on your ability to discuss a viewpoint that is in opposition to your own. Select a cultural view, from the article, that you disagree with. Respectfully, write a two to three paragraph reflection on that view a if you supported the view (you ay need to perform additional research using peer-reviewed literature sources to create an effective argument). This reflection is not asking you to accept someone else’s viewpoint as your own, but to discuss it appropriately as if the cultural belief were your own.

Do not take a hardened stance on the subject in your writing; that is not the purpose. Simply consider another viewpoint and attempt to understand the underlying cultural significance and importance in your patient’s decision-making process.

Please see the attachment for the article.


Thanks,

\\jciprod01\productn\N\NVJ\13-3\NVJ304.txt unknown Seq: 1 12-JUN-13 13:56 G LOBAL L EGAL R ESPONSES TO P RENATAL G ENDER I DENTIFICATION AND S EX S ELECTION Seema Mohapatra, JD, MPH* I NTRODUCTION Over one hundred million women are estimated to be “missing” from the world’s population due to some form of gendercide. 1 Gendercide exists on almost every continent and affects every class of people. 2 Gendercide has tradi- tionally taken the form of sex-selective abortion, infanticide, or death caused by neglect. 3 Sex-selective abortions occur when a pregnancy is terminated due to the sex of the fetus. 4 In the last few decades, technological advances have allowed potential parents to identify the gender of their baby early in the first trimester. 5 Recently, with the advent of newer technology that allows one to choose a baby’s gender, such as preimplantation genetic diagnosis (“PGD”) and MicroSort, it is possible for those who can afford it to select their child’s gender instead of resorting to getting rid of a fetus of an unwanted gender. 6 Although there are certainly individuals who wish to have daughters over sons, 7 most cultures have historically preferred having male children. Attitudi- * Assistant Professor of Law, Dwayne O. Andreas School of Law, Barry University. I would like to thank Sarah Beres, Madeline Buczynski, Rachel Mattie, and Ariel Niles for their excellent research assistance and Dean Leticia Diaz for supporting this research with a Summer Research Grant. 1 Amartya Sen, More than 100 Million Women Are Missing , in W OMEN’S GLOBAL HEALTH AND HUMAN RIGHTS 99, 100 (Padmini Murthy & Clyde Lanford Smith eds., 2010); see also Maneesha Deckha, (Not) Reproducing the Cultural, Racial and Embodied Other: A Feminist Response to Canada’s Partial Ban on Sex Selection , 16 UCLA W OMEN’S L.J. 1, 11–12 & n.36 (2007) (citing Policy Statement, Ethical Issues in Assisted Reproduction: Sperm Sorting for Medical and Non-Medical Reasons , 21 J. S OC’Y OBSTETRICIANS & GYNECOLOGISTS C AN. 67, 68–69 (1999) [hereinafter Policy Statement]). The term “gendercide” refers to the systemic killing of members of a certain gender. See The War on Baby Girls: Gendercide , E CONOMIST, Mar. 6, 2010, at 77 [hereinafter Gendercide ]. 2 Gendercide , supra note 1, at 77. 3 See Deckha, supra note 1, at 11 (citing Policy Statement, supra note 1, at 68–69). 4 Joseph Chamie, The Global Abortion Bind , Y ALEGLOBAL ONLINE (May 29, 2008), http:// yaleglobal.yale.edu/content/global-abortion-bind. 5 Shinalyn Baldesco, Advances in Pregnancy Gender Determination , H ELIUM (Oct. 4, 2012), http://www.helium.com/items/2378007-advances-in-pregnancy-gender- determination. 6 Planning a Procedure , M ICROSORT, http://www.microsort.com/?page_id=461 (last visited May 10, 2013). 7 Jasmeet Sidhu’s article, How to Buy a Daughter , centers on the struggles of one woman, Megan Simpson, a nurse whose name was changed for privacy purposes, who was one of four sisters and longed for a baby girl of her own. Jasmeet Sidhu, How to Buy a Daughter , S LATE (Sept. 14, 2012, 3:30 AM), http://mobile.slate.com/articles/health_and_science/medi- 690
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\\jciprod01\productn\N\NVJ\13-3\NVJ304.txt unknown Seq: 2 12-JUN-13 13:56 Spring 2013] PRENATAL SEX SELECTION 691 nal surveys, taken periodically since the 1930s in the United States, reveal a sustained and marked preference for male children over female children. 8 This preference is especially marked in Asian countries, such as China and India. 9 In these countries, there exists a strong son preference. 10 In rural com- munities in China and India, the need for hard labor historically caused families to prefer to have sons. 11 Also, inheritance rules often allowed only sons to receive land, which also helped contribute to son preference. 12 In India, tradi- tionally, a bride’s family was expected to give the groom’s family money and gifts as dowry. 13 Although dowry is now technically illegal in India, this expensive practice continues, which adds to the financial reality that having a daughter is a burden while having a son is a potential boon. 14 This strong cultural preference, coupled with the modern desire for a smaller family and the availability of technology that discloses the sex of the fetus early in pregnancy, has resulted in an increase in sex-selective practices. 15 Before the advancement of technologies to identify the sex of a fetus, the imbalance in ratios was attributed to killing or neglect of female infants. 16 However, since the development of medical technology in the early 1980s, the availability of ultrasounds and other diagnostic technologies that can detect the sex of a fetus have accelerated the sex-ratio imbalances at birth in some parts of the world. 17 cal_examiner/2012/09/sex_selection_in_babies_through_pgd_americans_are_paying_to_ have_daughters_rather_than_sons_.html. Based on her family history, she always assumed she would have a girl and was surprised when her first child was a boy. Id. She and her husband tried again and she birthed another son. Id. Desperate, the couple paid $800 for a procedure that promised results by the use of a protein solution thought to inhibit the swim- ming speed of X-carrying chromosomes. Id. However, this procedure failed and Simpson gave birth to a third son. Id. The news was so difficult that Simpson could no longer stand to be around women giving birth to daughters at work and had to transfer departments. Id. Still determined, Simpson used PGD to try to have a daughter. Id. All the embryos were found to be “chromosomally abnormal” and could not be used. Id. She only became pregnant with her daughter after using a mixture of sperm sorting techniques and in vitro fertilization. Id. Achieving her dream of having a daughter cost Simpson four years of waiting and $40,000, some of which was taken out in loans. Id. Simpson claims her daughter was “worth every cent.” Id. 8 Deckha, supra note 1, at 11 (citing Policy Statement, supra note 1, at 68–69). This prefer- ence includes a desire for first-born sons and for additional sons if there are an unequal number of children in a family. Id. 9 Gendercide , supra note 1, at 77. 10 Id. 11 See id. 12 See id. 13 Deckha, supra note 1, at 11 (citing Policy Statement, supra note 1, at 68–69); see also Gendercide , supra note 1, at 77. 14 E LISA SCALISE, RURAL DEV. INST., WOMEN’S INHERITANCE RIGHTS TO LAND AND PROP- ERTY IN SOUTH ASIA 16 (2009). 15 Gendercide , supra note 1, at 77. This trend resulted in a “malign combination of ancient prejudice and modern preferences for small families.” Id. 16 W ORLD HEALTH ORG., PREVENTING GENDER-BIASED SEX SELECTION: AN INTERAGENCY S TATEMENT OHCHR, UNFPA, UNICEF, UN WOMEN AND WHO 1 (2011), available at http://whqlibdoc.who.int/publications/2011/9789241501460_eng.pdf. 17 Id.
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