Document 1yYdJrnjQ8X4DJrGqoNzKnjaK
HEALTH / PAC BULLETIN
Health Policy Advisory Center
Vol. 22, Number 2 Summer 1992
IN MEMORY OF
THE COURAGEOUS WOMEN
WHO DIED FROM
ILLEGAL UNSAFE ABORTIONS
BECAUSE
THEY HAD NO CHOICE 2
Women and the Health Care System
The Casey Decision
Pregnancy Police
.
Reproductive Technology and Perfect Choice
Drug Treatment and Women
01
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74470 80116
Health
Policy
Advisory
Center
from its inception in 1968,
the Health Policy Advisory
F
Center Health / PAC-
has been a unique progres-
sive voice on domestic and
international health issues. Through
the Health / PAC Bulletin and the
books Prognosis Negative and The
American Health Empire, as well as
outreach to a national network of
grassroots groups, Health / PAC
continues to challenge a " medical-
Industrial complex " that has yet to
provide decent, affordable care.
IN THIS ISSUE
Health is What Unites Us
Byllye Avery urges us to use the power of health issues to educate and organize
.....
5
Planned Parenthood v. Casey: Eroding Access to Reproductive Services
Marianne Lado considers the implications of the Casey decision....
6
In Pursuit of Perfect Choice: Feminism and Reproductive Technology
Loretta Ross argues that instead of condemning reproductive technology, women
should take control of it to expand their choices......
8
When Pregnancy is a Crime
Jacqueline Berrien surveys the proliferating prosecutions of women for using
drugs during pregnancy.... .
.12..12..12
Women and Children Last: Barriers to Drug Treatment for Women
LaRay Brown traces the bureaucratic maze women must negotiate to obtain drug
treatment in New York City and describes a model treatment program.....
15
HEALTH / PAC BULLETIN
Health Policy Advisory Center
Vol. 22, Number Summer 2 Summer 1992
The Rural AIDS Front
Jena Heath reports on how rural clinics help those far from the urban epicenters of
the AIDS epidemic epidemic.....
te cstsescstes ence
.20.20
IN MEMORY OF
THE COURAGEOUS WOMEN
WHO DIED FROM
ILLEGAL UNSAFE ABOR HON
BECAUSE
THEY HAD NO CHOI
Integrating Paradigms: Teaching Traditional and Western Medicine
with Guatemalan Refugees
Jamie Tessler recounts her work with rural health promoters in Guatemalan
refugee camps..... ...
........ 22
Media Scan
Ilene Winkler reviews Toxic Work, the story of women made sick by their jobs2.8
Women and the Health Care System
The Casey Decision
Pregnancy Police
Reproductive Technology and Perfect Choice
Drug Treatment and Women
Occupational and Environmental Health
David Kotelchuck considers the possibilities for OSHA reform
.30.30
Peer Review....
eec cece cece eas
......... 31
Printing Print Rite Press
Illustrations Donna Evans
Mechanical Art Eddie Pelto
Cover Photo A memorial to victims of illegal
abortions, placed next to the Washington monu-
ment by the National Organization for Women
during the April 5, 1992, pro choice -
march.
Deborah Shapiro / Impact Visuals.
Vital Signs
Environment and breast cancer; women's health legislation; needle exchange........... 32
Health Policy Advisory Center
47 West 14th Street, 3rd Floor, New York, New York 10011 (212) 627-1847
Health / PAC Bulletin
Volume 22, Number 2 Summer 1992
Board of Editors Tony Bale, Robert Brand, LaRay Brown, Robb Burlage, Anjean Carter,
Celestine Fulchon, Feygele Jacobs, Louanne Kennedy, David Kotelchuck, Ronda
Kotelchuck, Arthur Levin, Cheryl Merzel, Regina Neal, Pam Sass, Herbert Semmel,
Barry Skura, Rod Sorge, Hal Strelnick, Ann Umemoto, Richard Younge.
Executive Director Nancy McKenzie
Editor Ellen Bilofsky
Managing Editor Sharon Lerner
Researcher Martin Cozza
1992 Health / PAC. The Health / PAC Bulletin 0017-9051 (ISSN -)
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2
Health / PAC Bulletin
Summer 1992
Women and the Health Health Care System
Women have a unique relationship to the health system.
As patients, they require not only the general health care
needed by any adult, man or woman, but also the special-
ized services related to their reproductive system. As
workers in the health system, they make up 70 percent of
the entire health labor force. As mothers, they are in most
cases directly responsible for the day - to - day care of their
children, including health care.
Health / PAC Bulletin, April 1972
'
NO
IN GOVT MY
BORTH
BEDROOM
OW
> the 20 years since Health / PAC published this
editorial, also entitled " Women and the Health Care
System, " much has changed, and much remains the
same. Women are still uniquely bound to the health
care system. Whether or not they have or plan to
have children, women are tied to the system by their
reproductive functions; and, women's reproductive cy-
cles are being subjected to increasing medical interven-
tion warranted -
or not - as in the aggressive medical
treatment of menopause and infertility. In addition, be-
cause of their roles as caretakers, women use the system
of health care not only for their own health needs but also
for those they are responsible for. At these points, then,
women's rights have been and continue to be vulnerable,
as the articles in this issue show, because it is so much
harder for women to walk away from health care, regard-
less of how poorly it meets these needs or how often it
jeopardizes their rights and their dignity.
What has changed since 1972 is the growing impoverish-
ment of women. " The feminization of poverty " became a
slogan in the early 1980s, reflecting the fact that women
and children represented thirds two -
of the poor in the
POVERTY
Visuals
SUCKS!
Impact /Reinhard
Rick
United States. Indeed, as Diana Pearce pointed out in her
original 1978 essay, " The Feminization of Poverty: Women,
Work, and Welfare, " being a woman is highly correlated
with poverty and its collateral effects. Today, women and
their children constitute 80 percent of poor people in this
country, and over half of all poor families are headed by
women. And as the ranks of the poor grow, women and
The Decision That Pleased No One
A
s we go to press, the Supreme Court has just
handed down its decision in Planned Parenthood
v. Casey, which upheld the constitutionality of
Pennsylvania's restrictive abortion law, and is being
widely hailed as the decision that pleased no one. The
Court itself disagrees on whether the decision has truly
preserved the right to abortion as guaranteed in the
earlier Roe v. Wade case. The majority opinion states that
" the essential holding of Roe v. Wade should be retained
and once again reaffirmed. " Yet Chief Justice Rehnquist
says the decision renders Roe a " facade. " Despite the
ruling's effect of further limiting women's ability to
make decisions about when and whether to have chil-
dren, the justices may have been more concerned with
asserting the independence of the Court from political
pressure than about the rights of women.
State legislatures are now free to impose burdensome
restrictions on women seeking abortion - as long as they
are not " undue " burdens. These restrictions will add
many women to the ranks for whom the right to abortion
has already been essentially denied, as Marianne Lado
describes here in her analysis of the decision. The lack of
facilities performing abortions and the cost of the proce-
dure already vitiate this choice for many women, even
where legal restrictions do not. One clinic in Louisiana,
where a near total -
ban on abortion is on legal hold,
reports that so many women there think abortion is
already illegal that they are coming in with complications
resulting from self induced -
abortions.
Coming as we put this issue on Women and the
Health Care System to bed, the decision exemplifies
what the articles in this issue describe: the punitive
attitude toward women of the legal and health care
systems, particularly poor women and women of color,
who attempt to assert control over their lives and their
bodies. It should also be noted that in upholding Roe, the
Court reaffirmed " the state's power to restrict abortion
after fetal viability " and the state's (Continued on p. 35)
Summer 1992
Health / PAC Bulletin
3
people of color continue to be hit hardest. Middle- and
low income -
Americans have suffered a real loss of income
through increasing unemployment and lowering of real
wages. According to the Center on Budget and Policy.
Priorities, for example, 18 percent of all full time -
workers
did not earn enough to raise their family's income above
poverty level in 1991, compared to 12 percent in 1979 - a
50 percent increase in the number of full time -
working
people who are unable to escape poverty. Again, these
changes have been especially devastating for families
headed by women and particularly in African American -
and Latino communities, where the median income is
only one half - that of whites in the United States.
his feminization of poverty, needless to say, makes
T
women's access to health care more and more dif-
ficult at the same time that it increases the need-
by creating conditions that prevent people from taking
adequate care of themselves and increase illness. Then, as
government programs have been dismantled (see " Shred-
ding the Safety Net, " Summer 1991 issue), women also
have substantially less access to institutional support,
particularly health care, for themselves and for their chil-
dren. Between 1980 and 1990, poor women have suffered
reductions in federal funding that amount to
* a 14% cut in maternal health benefits,
*
a 40% cut in community clinics,
*
a 35% cut in health benefits to children and the elderly,
*
a 67% decrease in employment assistance,
*
a 74% decrease in housing assistance,
a 66% cut in Title X funds for contraceptive services
(the only source of contraception for 83 percent of
the clients of Title X clinics),
and the cuts continue today. Moreover, there has been
tremendous retrenchment in basic care for women and
their children due to the overall lack of primary care
services across the nation.
Thus, women and their children, already highly depen-
dent on the health care system and forced by increasing
poverty to rely on government support, have been af-
fected most by the cuts in services. This, then, is the
backdrop against which the mounting attacks on women's
reproductive rights, detailed in this issue, must be
viewed. At the same time that government is curtailing
The Medicalization of the L.A. Uprising
I
n the aftermath of the Los Angeles uprising and at
the request of the state of California, the Centers for
Disease Control quietly sent in their experts in epi-
root causes of public health emergencies, the factors that
encourage the spread of a disease, is a very political one,
as Rodrick Wallace and Deborah Wallace showed in
demiology, injury control, and statistics to investigate.
great detail in the Summer 1991 issue (Contagious "
Bob Howard, a spokesperson for the CDC admitted that
Urban Decay and the Collapse of Public Health ").
this was the first time the agency had been involved in
Poverty, racism, indifference, and capitalism can cer-
" urban unrest " (although since the CDC has just an-
tainly be viewed as viruses, but if so, they are man (sic) -
nounced the formation of a National Center for Injury
made. We must watch closely to see how the medical
Prevention and Control, it will presumably be more
metaphor gets played out in the analysis of the L.A.
involved in the future), but explained that the CDC " will
uprising and other " urban unrest, " making sure that our
analyze any sort of problem situation that has a signifi-
demand is not just some " medicine " to make the patient
cant impact on public health. " Given the definition of
feel a little better, but eradication of the causes of the
disease as " any condition or problem that has a signifi-
" disease. "
-Ellen Bilofsky
cant impact on an organism, " he said, the situation in
Los Angeles " could certainly be characterized
as a disease or a factor. "
,
Koreatown, Los Angeles, the morning after. Ravaged by disease?
Without seeing the final report - the analy-
sis of the data has just begun, and Howard
could not comment on the details of the inves-
tigation because it is up to the state of Califor-
nia to make it public - the CDC is probably
doing the right thing, albeit for the wrong
reasons. They will be looking at " all the areas
that might lead to the problem, " Mr. Howard
said, including " housing, economics, and so-
cial problems that exist out there. " But why do
we need a team of public health experts to tell
Visuals
us what we already know (and what the Ker-
ner Commission already reported nearly 25
years ago)?
Impact /Bigart
Why characterize the riots as a disease
rather than an uprising or rebellion? The idea
is that no one has to take responsibility for a
disease. After watching Washington withhold
Bill
the resources for the fight against AIDS, we
know better. The decision not to attack the
4
Health / PAC Bulletin
Summer 1992
the availability of contraceptive services, abortion, prenatal
care, and drug treatment for women, for example, it is
prosecuting pregnant drug users!
The nature of these attacks on women have also changed
in the last 20 years. In 1972 women were in the process of
redefining their rights and discarding traditional con-
straints, and the women's health movement was deline-
ating a more active role for women in taking control of
their own care. As a result of these movements, women
were only one year away from winning the right to abor-
tion, originally conceived as simply one aspect of repro-
ductive health care.
Today we are in the midst of backlash against feminism
and on the verge of losing that right. Attacks on women,
their reproductive rights, and their right to treatment have
never been greater, as Marianne Lado, Jacqueline Berrien,
and LaRay Brown show in this issue in their discussions
of the threat to abortion, the elevation (Continued on p. 35)
Health is What Unites Us
BYLLYE AVERY
Y'tion
I
The National Black Women's Health Project came
together in 1983, when we realized health promo-
Y'tion was not working for black women in the way
that it was traditionally done. It's not that health informa-
tion is not good, and it's not that people don't have the
information. It's that there is no integration of the informa-
tion, and most of it does not have an analysis that includes
our perspective as black women. We came to understand
that the approaches to health promotion that work have to
have a specific perspective, and that perspective needs to
come from the affected population.
Health educators who want to know about infant
mortality should talk to women whose babies died. For
those who want to know about teenage pregnancy, the
experts to consult are those women and men who had
babies as teenagers, not those of us who avoided it.
We're the experts on how you get through the teenage
years without getting pregnant. That's what we can talk
about. But instead we get anointed as the experts, and we
work on our own agenda, and it misses.
Health is not just about information. Health is about
feelings. You can't tell women all about breast cancer
and not deal with their feelings about what has hap-
pened to them. We are afraid to deal with feelings be-
cause we're supposed to be the health care professionals;
we're supposed to give the information, devoid of the
feelings. But the information doesn't make sense to peo-
ple, because they're thinking about their feelings. So the
information is going in and laying there on top, and there
is no integration.
And we can't talk about health unless we're going to
be able to first deal with the physical danger and the
violence that people experience in their lives. Any one of
us could be killed just walking outside because some-
body who doesn't even know us is upset with somebody
else. So we have to deal with violence. Sometimes I think
those of us in health need to throw down everything
we're doing and go work on violence and drugs. The
country is addicted; people are addicted because we are
all in pain, and we have nowhere to go for it.
.
We need to look at how the gay population is doing
education around AIDS making -
the AIDS Quilt, bring-
ing in art, bringing in whatever works. Health education
does not have to be boring. We absolutely bore people
Excerpted from a presentation at the Health / PAC forum on
Women and Health at the American Public Health Association
annual meeting, Atlanta, GA, November 11, 1991.
to death about something that's really important. We
need to get creative, but in order to do that, we have to
free our own minds to give ourselves permission and
give permission to each other to be creative, to be out
there, to unite.
BRD are BRD.
ut BRD
first of all we need to feel good about who we
We have to know what we are about, because
if BRD
we don't, there is very little chance that we can
help anybody else. When you're telling people what to
do, think about whether you can do it yourself. I'll never
forget the AIDS counselor who was trying to tell women
they had to get their partners to wear condoms every
time. The night she got ready to tell a man she was with
that he had to put on a condom, her hands started
sweating, sweat rolled down her legs, she opened her
mouth, and nothing came out. Then she realized how
difficult it is to do.
We have to know how difficult it is before we talk
about non compliance -
. What a stupid word! There is
a reason why people are not doing things, and it's our
job to get to that reason. It's our job to develop our-
selves so that we use our relationship and our personal
power to help with the empowerment of the individ-
ual. Empowered individuals build healthy, empow-
ered communities.
But we don't need missionaries working for us. We
need the white sisters and brothers to work with poor
white people so that they can learn how to work with
their own diversity. All white people are not alike. And
one thing the National Black Women's Health Project
has taught me is that there is no monolithic black
woman. Some of us come with straight hair, some of us
come with no hair, some of us come with dreadlocks,
and we have to learn how to be together with each other.
But most white people don't know how to work with
diversity, so that when they come to work with black
people, they come with guilt, as missionaries, and we are
not left empowered. So be in it for you.
We've got some serious problems in this country;
we've got very confused priorities. I don't know how
national health care reform is going to happen without
a revolution, because there are some powerful forces that
don't want anything to change. But things have to change,
and we have a strong position. Health is what unites all
of us. It is the thing that we all have in common, so it is
a powerful tool to organize around. It is the most import-
ant thing. Y'
Summer 1992
Health / PAC Bulletin
5
Planned Parenthood v. Casey
Eroding Access to Reproductive Services
MARIANNE ENGELMAN LADO
Marianne Lado's analysis of Planned Parenthood v.
Casey, essentially completed before the decision was handed
down on June 29, proved prophetic. In it she explains how, while
appearing to uphold the standards established in Roe v. Wade,
the Supreme Court has taken a giant step backwards, eroding
the already threatened reproductive rights of women, especially
poor women and women of color, still further.
Casey announced its decision in Planned Parenthood v.
n June 29, 1992, the United States Supreme Court
Casey. By a narrow majority of five to four, the
Court declined the Bush administration's invitation to
withdraw constitutional protection of a woman's right to
decide whether to terminate her pregnancy, protection
that was guaranteed in Roe v. Wade. Although a majority
of the Court refused to overturn Roe expressly, neither the
substance of the Court's ruling nor the narrow majority
by which Roe was affirmed bode well for the future of the
right to abortion generally, or the prospects for access to
reproductive health services, particularly for the poor.
Indeed, the Court's approval of the many restrictions at
issue in Casey, with the exception of a spousal notification
requirement that the Court rejected, is a dramatic depar-
ture from Roe and its progeny.
In its historic 1973 ruling in Roe v. Wade, the U.S. Su-
preme Court recognized that the right to privacy " is broad
enough to encompass a woman's decision whether or not
to terminate her pregnancy. " In Roe and subsequent cases,
the Court established the limits of state authority to regu-
late the performance of abortions and announced strict
standards of review by which state restrictions of abortion.
services were to be adjudged. Over the past decade, how-
ever, the Supreme Court has increasingly turned its back
on the central holding of Roe v. Wade. Today, the future of
the right to abortion remains in grave peril.
At first blush, Planned Parenthood of Southeastern Penn-
sylvania v. Casey appeared to raise a narrow set of issues
about the validity of particular provisions of the Pennsyl-
vania Abortion Control Act, provisions that require phy-
EX
sicians to give specified information to women who are
Marianne Engelman Lado is a staff attorney in the Poverty and
Justice Program of the NAACP Legal Defense and Education
Fund. This article was adapted from a friend of the court brief
submitted by Legal Defense Fund and the Center for Constitu-
tional Rights to the U.S. Supreme Court on behalf of 24 orga-
nizations regarding the case Planned Parenthood v. Casey.
deciding whether to have an abortion and that mandate a
24 hour -
waiting period, parental consent, and spousal
notification before the performance of an abortion. In fact,
however, as lawyers for the American Civil Liberties
Union Reproductive Freedom Project reminded the
Court, in earlier cases, for example City of Akron v. Akron
Center for Reproductive Health, the Court had already de-
clared similar restrictions unconstitutional. The Supreme
Court's reconsideration of the validity of such provisions
reflected the continued interest shown by some of the
justices in the Webster decision in eroding judicial protec-
tion of the right to abortion and in retreating from Roe v.
Wade altogether. With Casey, the Court was once again
faced squarely with the question, does a woman have the
right to decide whether to terminate her pregnancy?
Illusory Rights
While the impact of a decision to overturn Roe would
have been far reaching -
, for many the right to abortion is
already illusory. Poor women lack access to quality health
care services that more affluent American take for
For many poor women,
the restrictions will be
not only burdensome,
but insurmountable.
granted. Low income -
communities have few health care
providers, and poor women are already forced to wait
long hours in overcrowded clinics and emergency rooms
and to travel at great expense for needed services. Finan-
cial barriers, particularly inadequate insurance coverage
and limited personal funds, are the most important obsta-
cles to obtaining care among women receiving insuffi-
cient health care. Indeed, simply paying for the abortion
procedure itself entails serious hardship for indigent
women who, in order to exercise their right to abortion,
must often let bills go unpaid or buy fewer necessities,
such as food and clothing.2 Today poor women, and a
disproportionately high number of women of color, are
often unable to share in the freedom of personal choice in
matters of reproduction guaranteed by Roe.
6
Health / PAC Bulletin
Summer 1992
NARAL
ThAeB
ORTAVIEO NON
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ENQUIST =
CALIA
R.I.P
CONN
NO
/ CVliesaur aIlmsp
act
CHOICE
Alan
ON
Nevertheless, the significance of the Court's decision
should not be underestimated. Four members of the Court
voted to abandon Roe altogether, a decision that would
have removed all federal protection of a woman's right to
abortion and consigned the future of the availability of
reproductive services to the vagaries of the political pro-
cess in each of the 50 states and U.S. territories. Moreover,
since provisions similar to those at issue in Casey had
previously been ruled unconstitutional, the decision to
uphold Pennsylvania's restrictions signals retreat. The
Court adopted a standard developed by Justice O'Connor
in Akron Center that will permit states to regulate abor-
tions unless the restrictions " unduly burden " the right to
seek an abortion. Although Justice O'Connor argued
forcefully that the Court should not explicitly overrule
Roe, the undue burden standard rejects the greater protec-
tion Roe afforded a woman's right to choose at early stages
of pregnancy and replaces strict standards of judicial
review with a vaguer balancing of the woman's and the
state's interests. Indeed, according to this standard, the
Court would view as substantial the state's interest in the
protection of potential life from the moment of concep-
tion, and might allow most restrictions short of an abso-
lute bar on abortion. The undue burden test requires that
courts determine which restrictions place a substantial
obstacle in the path of a woman seeking to terminate her
pregnancy.
With judicial protection of the right to abortion eroded
in this manner and states allowed to impose increasingly
stringent and burdensome requirements, the door is con-
tinuing to close on access to reproductive services. The
impact will be particularly devastating for poor women
and women of color, who often lack the economic re-
sources to overcome barriers of cost, availability, and
delay that are imposed or generated by state regulations.
Significantly, only 13 states permit the use of state funds
for medically necessary abortions. In 1969, fully 75 per-
cent of all the women who died of illegal abortions were
women of color, and from 1972 to 1974, the rate of mor-
tality from illegal abortions for women of color was 12
times greater than that of white women.5 Even after legal-
ization, high numbers of poor women of color were still
precluded from obtaining safe and legal abortions. As a
result, more than thirds two -
of the deaths associated with
early abortions in 1975 were of women of color.6
For many poor women, the obstacles caused by the
restrictions such as those in the Pennsylvania law will be
not only burdensome, but insurmountable. The act re-
quires women to delay treatment, to undertake multiple
efforts to obtain care, and to overcome other psychologi-
cal and procedural obstacles, for example, to obtain par-
ental consent. Unless and until the Court truly reaffirms
Roe v. Wade and its high level of judicial protection against
intrusion on the right to abortion, and once again finds
such restrictions unconstitutional, this nation can expect
to experience the devastating effects of greater govern-
mental interference with the availability of reproductive
services for poor women and to see the reemergence of
appalling disparity in mortality rates along racial and
economic lines. 0)
1. Health Status of Minorities and Low Income -
Groups, 3rd ed., Washing-
ton, DC: Department of Health and Human Services, 1991.
2. Henshaw and Wallisch, " The Medicaid Cutoff and Abortion Ser-
vices for the Poor, " Family Planning Perspectives, 1984: 16, pp. 170-
171.
3. See O'Hair, " A Brief History of Abortion in the United States, " Jour-
nal of the American Medical Association, 1989, p. 1875.
4. Who Decides? A Reproductive Rights Manual, National Abortion
Rights Action League Foundation, 1990, p. 10.
5. Gold, Rachel Benson, Abortion and Women's Health: A Turning Point
for America? New York: Alan Guttmacher Institute, p. 5; and " Re-
productive Health of Black Women and Other Women of Color, "
in From Abortion to Reproductive Freedom: Transforming a Movement,
Marlene Gerber Fried, ed., Boston: South End Press, 1990, p. 157.
6. Cates and Rochat, " Illegal Abortion in the United States: 1972-1974, "
Family Planning Perspectives, 1986: 8, pp. 86-87.
Summer 1992
Health / PAC Bulletin
7
In Pursuit of Perfect Choice
Feminism and Reproductive Technology
LORETTA ROSS
It is up to science to meet the demands of humanity... that
life shall be given " frankly, gaily " or not at all Which....
shall it be?
Stella Browne, 1922
hese words spoken 70 years ago not only described
T
the demand for birth control in the first wave of the
reproductive technology movement started by
Margaret Sanger, but also speak to today's social and
scientific dilemmas that still make it difficult for women
to give life " frankly, gaily " or not at all. Paradoxically, the
scientific technology to advance women's reproductive
freedom is moving forward, while the social construct in
which this freedom is exercised is moving backwards.
Our technology allows greater control over our reproduc-
tion, but our society places increasing restrictions on our
ability to use this technology.
As a woman of color who has been in the reproductive
health movement for over 20 years, I have joyfully witnessed
the strong emergence of women of color reproductive rights
activists in the last two decades, but particularly since the
alarm bell went off in the wake of the 1989 Webster decision.
Thousands of women of color are now active in the repro-
ductive freedom movement, which is undergoing its great-
est democratization in history. The problem, however, is
that we who are women of color, we who are poor, we who
are differently abled are just now entering the reproductive
health rights debate in significant numbers.
In a sense we are 20 years behind. We are fighting to
defend abortion rights and reduce infant mortality, battles
that should have been over years ago. At the same time,
many forms of reproductive technology have left us at the
starting gate, creating a sort of time warp. While we are
debating whether we are pro choice -
, anti choice -
, whether
we will work with white women or not, reproductive
technologies are being legislated, regulated, and im-
plemented, often with disastrous consequences for our
bodies. Our social discourse has not caught up with our
scientific abilities.
Reproductive rights is ultimately about choice for
women, about women's rights to make their own deci-
Loretta Ross is program director of the Center for Democratic
Renewal in Atlanta, GA, a national anti - Ku Klux Klan organi-
zation. This is a revised version of a presentation given at the
Health / PAC forum on Women and Health at the American
Public Health Association Annual meeting, Atlanta, November
11 1991,.
sions, to take their own risks in order to get what they
want, in order to make their lives a little bit better, no
matter how wide or limited those choices are. Like it or
not, women will use whatever technology is available to
us as we make our reproductive decisions.
Perfect Choice
Our role in the feminist and scientific communities is
to extend the boundaries of what is available to women,
to make the choices as safe as is technologically possible,
and to support a woman's right to make the decisions she
must make for her life. That is very difficult for many of
us so called -
experts to accept, because we're trained in
this society to think we have the information, the right,
and the expertise to make choices for women and sup-
press their ability to make the choices for themselves. Our
task, instead, as feminist health advocates, is to pursue the
idea of " perfect choice " for women, a concept in stark
contrast to the decidedly imperfect social and scientific
choices we have today.
Perfect choice is the right to
have the knowledge and
means to make the choices
that make sense to us.
What some might view as an impossibility, perfect
choice is the right to have the knowledge and means to
make the choices that make sense to us. Perfect choice
involves access not only to abortion, but to prenatal care,
quality sex education, contraceptives, maternal, infant,
and child health services, housing, and reform of the
health care delivery system.
For example, we expect science to provide us with
contraceptive choices. At the same time, we demand that
the pursuit of pharmaceutical profits will not again cause
us to be human guinea pigs in experimental innovations
in reproductive options, as has happened before. We do
not unrealistically expect a perfect contraceptive that de-
fies human error, unforeseen circumstances, or medical
risks. However, reproductive technologies must be so-
cially perfect: we demand to be in control of our own
800
Health / PAC Bulletin
Summer 1992
bodies using the best technology available, without limits
because of income, race, physical abilities, or sexual pref-
erence. We, not doctors, courts, or pharmaceutical com-
panies, should decide if and when we have children.
When perfect choices do not exist, women adapt them-
selves to whatever is available. Women often beg for
sterilization when that is the only way, other than absti-
nence, to control their fertility. As feminists, we know that
if abortion is recriminalized, then women will again resort
to self induced -
abortions, some using life threatening -
methods limited only by their imagination and physiol-
ogy. Desperate women will use desperate means, includ-
ing infanticide and suicide.
When Science and Feminism Collide
We have the technology to meet women's needs, and
we are developing more every day. What we lack is the
social agreement that this technology should be available
and accessible to all women. Even more problematic, even
feminists and scientists who agree that reproductive free-
dom is a desired social value, disagree sharply on how
this should be achieved. Reproductive technology has the
capacity to both assist and abuse women at the same time,
This vat holds trillions of sperm frozen for future use.
Visuals
Impact
/
McLaughlin
Alain
and this is where the feminist movement and the scientific
communities collide.
Feminists are accused of
politicizing the research
process, as if it is not already
political in and of itself.
The reproductive technology movement was the vehi-
cle through which the feminist movement saw some of its
earliest empowerment. The invention of the birth control
pill freed up women's choices, freed up the debate about
women being locked into child bearing by their biology,
and gave women choices about their lives.
Now we have a collision between the scientific revolu-
tion and the feminist revolution in reproductive technol-
ogy. What scientists advocate as possible and desirable
may be refused by feminists as being unsafe
and therefore undesirable, like the injectible
contraceptive Depo Provera -
. How we man-
age this collision will largely determine the
reproductive choices women have well into
me
the 21st century.
Many feminists understand that repro-
ductive technology is not produced in a
political vacuum. In fact, it is very political,
despite the alleged objectivity of the scien-
tific community. What technology is pro-
m
duced, for whom it's produced, who has
access to it, whom it is forced upon, are all
political questions. What feminists demand
is an open, acknowledged politicization of
the research process that incorporates the
politics of the women's movement - the
production of technology that is woman.
*
centered and woman controlled. Yet when
we demand this shift in the approach to
reproductive technology, feminists are ac-
cused of politicizing the research process, as
if the process is not already political in and
of itself.
The role of the scientific community in
politicizing the reproductive research pro-
cess can be characterized by the trend to-
ward more sophisticated, high - tech options
for both controlling and increasing fertility,
in contrast with the feminist health
movement's trend toward safer and, in
-
some ways, more conservative approaches
that are woman centered and woman con-
trolled. For example, many feminists want
more research into barrier methods of birth
control, such as condoms, sponges, and di-
aphragms, while the scientific community
prefers investments into more invasive hor-
monal devices, such as injectibles and sub-
dermals, which are doctor controlled and
Summer 1992
Health / PAC Bulletin
9
ogy is not woman controlled or woman
centered. It is practitioner controlled
and practitioner centered and demon-
strates how a relatively safe technolog-
ical development can be abused.
Most of the reproductive technolo-
gies on the horizon have not been ade-
quately addressed by the feminist
health movement, although we have
valiantly tried to keep up. Our caution
and advocacy has kept some unsafe in-
jectible technologies out of mass mar-
kets, although some Native American
women report that Depo Provera is
being used quite recklessly on reserva-
tions without any warning of the po-
tential health risks.
Because of the highly charged contro-
versy surrounding RU 486 -, many of its
advocates are intolerant of women who
offer a critique of the abortion inducing -
A doctor prepares a woman's arm for the insertion of six tubes of Norplant. pills. Objections are raised, however,
not because we oppose abortion.
Rather, we are, again, concerned about
doctor dependent. This tension between the two move-
a technology that is practitioner dependent and has not
ments is balanced upon our politics, our legal system, our
been sufficiently studied to determine its impact on di-
ethical values, and our scientific, educational, and reli-
verse populations, such as women who are over 150
gious institutions, all of which politicize the process of
pounds in weight. Similarly, women who already have
developing reproductive options.
inadequate health care face sharply increased risks if reli-
Anti Abuse -
, Not Anti Technology -
ance is placed on a technology that requires multiple, and
frequently expensive, visits to a doctor. We as feminists
As feminist health advocates, we understand and are
must be able to face up to these concerns and discuss them
wary of the negative effects of abusive medical technol-
in concert with the scientific community that produces
ogy. As a society, we would not even be talking about the
these technologies.
rights of patients if it weren't for the feminist women's
health movement. This was an idea that gained popular
acceptance because the feminist health movement
brought to light problems like the defective Dalkon Shield
IUD and forced sterilizations. We educated ourselves and
Women are forced by
other women about our right to question physicians about
what they were doing to our bodies. " What drug is this
you're giving me? What will it do? What are the side
effects? " became common questions in every doctor's
office as people in our society became more informed
health consumers.
economics and deprivation to
become breeders for an
owning class of people.
Because of our vigilance in guarding against medical
abuses, feminists are wrongly portrayed as being " anti-
technology. " A more accurate description would be to say
that we are against bad technology that harms women,
and we are against the abuse of good technology. For
example, the contraceptive implant Norplant is the first
new birth control offered to American women in 25 years
and, as such, is a welcome development, because our
contraceptive choices are too few. However, within a year
of its introduction, an African American -
woman in Cali-
TM
fornia was forced by a judge obviously -
forgetting that
he was a judge, not a doctor - to accept temporary steril-
ization with Norplant as a condition of her parole. What
also scares me about Norplant, a birth control technology
that I otherwise support, is that the physician has the
power to determine whether or not it will be removed.
This power is subject to some of the most abusive and
racist assumptions promoted by our society. This technol-
This will require evaluating reproductive technologies
from a different perspective. Both the feminist and the
scientific communities agree that women deserve and
need more reproductive options. The essential difference
hinges on the question of safety and who decides what is
an acceptable risk. It is clear that the more invasive hor-
monal devices and methods of birth control and infertility
reduction will always carry certain risks. For some
women these risks will be worth taking because they are
offset by significant benefits. But women themselves, not
their doctors or research scientists, must weigh the risks
and benefits. One cannot prejudge what is good and what
is bad for an individual woman. All one can do is give her
the options and hope that she selects the option that is
right for her. One must also support her decision to use
the option you would not have chosen because, in fact, it
is her choice, it is her body, it is her right.
10
Health / PAC Bulletin
Summer 1992
A significant part of the controversy over reproductive
ogy. With the exception of a prophetic project organized
technology revolves around high - tech solutions for infer-
by Rutgers Law School five years ago to examine repro-
tility, such as in vitro fertilization and surrogate mother-
ductive technologies, the primary concern has been, quite
hood. Scientific solutions fail to address the social
naturally, preservation of the legal right to abortion and
problems of who has access to this technology. Whose
its technology. My fear is that once again the technology
problem does it solve? Why do infertile people feel they
and the research will have passed us by while we are
must have children this way?
forced to defend the minimal gains of the 1970s.
In the surrogacy situation, we are seeing Brave New
Complicating the situation is the current economic crisis
World meet The Handmaid's Tale, as women are forced by
in the United States, which affects the decisions made by
economics and deprivation to become breeders for an
developers of reproductive technology. The economy strat-
owning class of people. When Anna Johnson, an African-
ifies who has access to this technology and its degree of
American woman in California became a surrogate
safety for different classes of women. Also of tremendous
mother for a white couple for $ 10,000, I, along with many
concern is the reemergence of neo Malthusians -
who again.
of my feminist colleagues, was saddened by the social
predict that a population time bomb will strain the earth's
situation that allows such a distortion of motherhood to
environmental resources. These population control advo-
exist. When the woman had the baby and then decided
cates argue that eliminating poor people will eradicate pov-
to fight for legal custody of the child she birthed, I felt
even sadder, because even without knowing her or
erty and save the environment. They want doctor controlled -
birth control so that women have little individual control
knowing any of the facts in the case, I knew that no court
over their reproduction. Feminists counter that it is not the
in America would give a white baby to a black mother.
number of people on the planet that is the problem, even in
We in the feminist and scientific communities have to
the developing countries. The problem is that a minority of
anticipate that these dreadful situations will occur again
people, mostly in the developed nations, are consuming a
and again. We may decry women who choose to become
disproportionate amount of the world's resources, leading
surrogates because of economic deprivation, but we have
to environmental degradation.
to support them as they do so, creating great conflicts
with our feminist values. At the same time, we must urge
Vision
the scientific community to invest in research to prevent
We must evaluate reproductive technologies from a
infertility, rather than in risky and questionable solutions
different perspective as we conclude this decade and
after the fact.
century. Women deserve safer technologies and more
We have to also support the privileged women who are
options. Pharmaceutical companies desire and maybe
so desperate that they would use what I consider to be
even deserve bigger markets and less liability, if they are
such an obscene method of getting a child. There is an
doing appropriate research and development. Scientists
underlying desperation that is not addressed by our soci-
want and deserve more research opportunities and more
ety that forces someone to make that choice.
understanding by health advocates of research tech-
Other reproductive technologies requiring our im-
niques and risks. We have to build an atmosphere of
mediate attention that have been underway for nearly a
cooperation among all of these groups. That is how we
decade are genetic screening, intrauterine intervention,
can make sure that women have the choices they need and
and genetic manipulation. These technologies are subject
the information about safety and risks they require to
to much debate within the feminist health community,
make fully informed decisions.
but our concerns have centered mostly on issues of acces-
It is necessary to hold out for ourselves a vision of what
sibility rather than ethical issues raised by such technol-
we want to create for women so that we end up where we
want to be. For this, we must wres-
In the laboratory of a fertility clinic, a mother holds her child conceived by
artificial insemination. A standard IVF procedure now costs about $ 8,000.
tle with concepts like " perfect
choice " and counter those who say
we ask for the impossible. I, for one,
refuse to accept the assumption
that technological advances and
women's rights are incompatible. It
4
be
worked, for a time, with the birth
control pill, and we must make it
H
work again. I am encouraged by
J
advances made by researchers who
re.
developed Norplant. Not only did
they develop an effective contra-
ceptive that expands women's
>fl
choice, but they consciously in-
volved many women from the fem-
inist health movement in the
process. This was certainly a step
in the right direction. We can only
hope that it will not be the last,
because life should be given " frankly
and gaily " or not at all. Y'
Summer 1992
Health / PAC Bulletin
11
When Pregnancy is a Crime
JACQUELINE BERRIEN
t I
has been said that if you must hire a lawyer in order
to obtain treatment from a doctor, then you're in
trouble. The corollary is that if you go to see a doctor
and instead you meet the police, you're in trouble. Both
of these statements describe the experience of many
women in the health care system faced with increasing
efforts to exact punishment in response to their conduct
during pregnancy. Confronted by cutbacks in abortion
services, limited access to general health care, including
prenatal care, and a woefully short supply of drug and
alcohol treatment slots, drug and alcohol dependent -
women face the cruelest dilemmas in their efforts to ob-
tain the most basic health care.
Drug addicted -
pregnant women in particular are in-
creasingly confronted by police and prosecutors when
they seek health care. The situation these women face
includes discriminatory denial of drug and alcohol treat-
ment services on account of pregnancy; a dearth of treat-
ment facilities available to the uninsured and underinsured;
the inaccessibility of treatment, particularly for women
who are responsible for the care of other children; limited
scientific knowledge about the comparative risks and
benefits of attempting chemically assisted forms of treat-
ment during pregnancy; and the fact that many treatment
modalities were developed with largely male addicted
populations, and, as a result, very little is known about
what really does - and does not work -
for women. Fi-
nally, to the extent that we know what works for women,
we're not offering very much of it. For example, very few
treatment programs exist that have attempted to deal
effectively with women's roles as providers for the care of
children and other family members (see " Women and
Children Last, " by LaRay Brown, p. 15). Until we address
that problem, as well as expand treatment facilities gen-
erally to meet the need, we are facing an especially cruel
situation when prosecutors pursue a policy of punishing
women for being addicted and pregnant.
Prosecutions Proliferate
The phenomenon of punishing women on account of
addiction, drug use, or alcohol use during pregnancy first
"
Jacqueline Berrien is a staff attorney with the Voting Rights
Project of the Lawyers'Committee for Civil Rights Under Law
in Washington, DC. At the time this was written she was an
attorney with the American Civil Liberties Union Women's
Project in New York City. This is a revised version of a presen-
tation given at the Health / PAC forum on Women and Health
at the American Public Health Association annual meeting,
Atlanta, GA, November 11,1991.
emerged with any significance in the mid 1980s -
. That's
not to say that it never happened before. There were
isolated attempts to prosecute women for some sort of
drug related -
activity during pregnancy, but the emer-
gence of crack cocaine spawned a flurry of punitive re-
sponses around the country. We've We've now reached the point
where prosecutions of drug addicted -
or alcohol - depen-
dent pregnant women have been initiated in over half the
states. A few states have led the list Florida -
and South
Carolina are the most notable examples - but prosecu-
tions are not a regional phenomena, and this is not a
southern problem or a rural problem. It is everywhere,
literally.
When the first of these cases appeared, many observers
thought it would be a temporary or fleeting situation, that
more humane responses would soon prevail, and people
would ultimately realize that you don't solve anything by
locking women up. We were wrong, and the punitive
efforts have proliferated across the country, emerging in
rural areas and urban areas, recreated from prosecutor to
prosecutor. In fact, we have been informed about several
conventions of district attorneys featuring panels on how
to bring cases of this kind. We're finding that there are
more, not fewer, cases being brought against drug - ad-
dicted or alcohol dependent -
pregnant women and that
they're not abating.
The American Civil Liberties Union (ACLU) has been
fighting this trend state by state, case by case. While we
have been able to win battles, the war looms large. The
successes that we've had have hinged primarily on one
point: existing criminal laws were never meant to address
this kind of behavior. When women are prosecuted on
account of drug or alcohol use during pregnancy, the
prosecutions have usually been brought under one of two
theories. One has been that the women should be prose-
cuted for violating some sort of narcotics trafficking stat-
ute the same laws that are used to address street
pushers. An example of that was State of Florida v. Johnson,
in which the prosecution argued that the woman's drug
use had violated a statute outlawing criminal delivery of
narcotics, because the drug was delivered from her to the
fetus in the seconds before the umbilical cord was clipped.
The other theory, as played out in State of Ohio v.
Andrews, has been to proceed with charges based upon
some sort of child abuse or child endangerment statute
that prohibits endangering the life or threatening the
safety of a child - thus defining the fetus as a child. With
prosecutions based on either of these theories we've gen-
erally been able to get charges dismissed or to win, at least
on appeal, because the laws were really not created or
12
Health / PAC Bulletin
Summer 1992
intended to address the behavior of a pregnant woman
toward the fetus.
But we're now about to reach a second generation of
cases on this issue, because legislators increasingly are
revising the statutes to make it clear that they do intend to
address behavior affecting the fetus in utero, that they do
intend for the laws to address maternal conduct during
pregnancy. We haven't reached the point yet where we've
had to challenge the constitutionality of one of these laws,
but given the state of the law around abortion rights and
reproductive rights generally and the impending threat
that Roe v. Wade will be overturned by the Supreme Court,
we're not looking forward to it.
The attack on Roe dovetails with the trend of criminal
prosecution of pregnant women. Put simply, if preg-
nancy is a criminal act for an addicted woman, and if
abortion becomes criminal, what option will exist for a
pregnant, drug addicted -
woman? She can be arrested
either way. As the prosecutions proceed, and as legis-
lators go back to the drawing board to make their laws
clearly apply to behavior during pregnancy, we must
carefully monitor new developments and be mindful of
novel approaches to penalize the conduct of women
during pregnancy.
Civil Proceedings
There is another set of legal proceedings that may be
less visible, but are far more common than the criminal
prosecutions that typically draw the headlines. These are
the civil proceedings resulting in termination of parental
rights and, a related phenomenon in the criminal justice
system, making plea bargains contingent upon women
either giving up their children, at least for a period of
court ordered -
treatment, or in effect " consenting " to civil
commitment to receive drug treatment. In at least one
well publicized -
California case, Darlene Johnson was told.
toward the end of her drug treatment that she would only
be released if she would agree to have the contraceptive
device Norplant implanted. In another case, United States
v. Vaughn, a pregnant woman pleading guilty to second-
degree theft was subjected to an extraordinarily lengthy
jail term because the judge believed that, given her history
of drug use, she should remain in jail for " a long enough
term... to be sure she would not be released until her
pregnancy was concluded. "
We thought people would
realize that you don't solve
anything by locking women
up. We were wrong.
As people who come into contact daily with the health
system and with women in need of health services, we
must be especially alert to these less visible threats to
women's liberty. Like criminal prosecutions of pregnant
women, civil proceedings are often premised upon the
idea that pregnant women who use drugs or alcohol
deserve to be punished and are incompetent to direct their
own reproductive lives. The results of family court pro-
ceedings and other confidential systems for responding
to pregnant drug and alco-
hol users will rarely end
up in a published legal
opinion or national head-
line, but nevertheless may
have the same effects of
jeopardizing a woman's.
liberty and health, by forc-
ing her to choose between
entering a health care sys-
tem where her drug or al-
cohol use may be reported
to law enforcement offi-
cials and forgoing treat-
ment altogether to avoid
those consequences.
PD.
Visuals
Evans /Impact
Dona
EVANS
Arguing for Alternatives
The threats to women's
freedom to make choices
about their health have
never been greater, and
the need for involvement
has never been more ur-
gent. There is no greater
_
moment for the voices of
the health care community
to be heard loudly, clearly,
and in unison about the
dangers of governmental
intervention in these most
Summer 1992
Health / PAC Bulletin
13
private matters and about the need for preserving the
health care relationship inviolate from government inter-
ference.
If pregnancy is a criminal
act for an addicted woman,
and if abortion becomes
criminal, what option will
exist for pregnant,
drug addicted - women?
We must not only join the front line attack, however,
but also be very visible and very vocal in arguing for
alternatives to the sorts of repressive and punitive public
health policies that some states have adopted. South Car-
olina, for example, has a policy in which women reporting
to a publicly funded clinic for prenatal care are required
to sign a consent form agreeing, among other things, to
allow urine testing for drugs and to allow reporting of
those test results to the district attorney in the event that
they fail to comply with any aspect of the treatment
program, including missing prenatal care appointments.
Responsible public policy shaped and influenced by
informed and caring health care providers can be offered
as alternatives to such measures. For example, in the face
of high infant mortality, Mississippi decided to funnel
money into a more extensive prenatal care program. As
might be expected, it produced tangible results: a de-
creased infant mortality rate, improved maternal health,
improved neonatal health, and improved birth outcomes.
These kinds of programs need to be held up as examples
for legislators and policymakers, who seem unable to
understand or perhaps choose to ignore - other more
humane, responsible, and sensible alternatives to the pu-
nitive measures that have been adopted.
New York City provides another model of more humane
health policy decision making. At one point, New York City
removed the children of women testing positive for drug
use. However, over a period of two years, the city eventually
abandoned its policy of automatically removing children
and began to divert its resources to efforts to keep the family
intact through the provision of counseling, drug treatment,
and other services needed by family members when there is
addiction in the family. There is still much to be done to
make this policy a reality and provide sufficient treatment
and other services to meet the needs of families, but because
of the efforts of a number of concerned policymakers, health
care providers, and social workers, the principal goal has
become keeping the family together.
There is a great deal we must do to ward off the attacks
on reproductive rights and women's liberties. Legal
workers and health care workers must work together in
creating humane alternatives to some of the punitive
measures that have been adopted in our states or neigh-
boring states. We must work together in resisting the
threats to the rights of women who are simply seeking
health care. OE
Health / PAC Seminar Series
Probes Pregnancy Police
Health / PAC capped its successful seminar series at
the New School for Social Research on June 24 with an
all too timely discussion of the assault on women's
rights. The three presentations highlighted attempts not
only to blame but to prosecute the victim attempts -
to
control women by criminalization of their behavior
while pregnant or ill. Dr. Wendy Chavkin of Beth Israel
Medical Center and Columbia University School of Pub-
lic Health and well known -
researcher in the area of
pregnancy and drug treatment, reviewed the recent his-
tory of prosecutions of pregnant drug users in the con-
text of anti abortion -
imagery that redefines the pregnant
woman as adversary of the fetus.
A new and in some ways parallel trend described by
Elizabeth Cooper, attorney with the American Civil Lib-
erties Union AIDS Project, is the prosecution of pos- HIV -
-
itive individuals for transmitting the virus through
consensual sex. In one particularly disturbing example,
a woman, allegedly a sex worker, was prosecuted using
the HIV test results of her newborn infant as proof that
the mother was HIV positive -
and had had unprotected
sex.
Tynia Richard, attorney with the Planned Parenthood
Federation of America, spoke about a number of actions
showing the trend toward government invasion of
women's private lives. She supplied a minute last -
up-
date on the Planned Parenthood v. Casey Supreme Court case
and dissected the latest Bush administration interpretation
of the so called -
gag rule, in which doctors - but not
nurses - in clinics receiving federal Title X funds are
permitted to counsel women about abortions but can-
not refer them to facilities that provide them. Ms. Rich-
ard also spoke about the challenge to coalition building
as more women of color become involved in the repro-
ductive rights movement, suggesting that " building an
integrated movement requires a sharing of information,
as well as control, acceptance of compromise, and ac-
ceptance of difference. '
Previous seminars in the series dealt with " medical
empires " today; the advent of Medicaid Managed Care
in New York City; the national health care debate in the
presidential election campaign; privatization of munici-
pal hospitals; and the role of the economy in the new
public health epidemics.
In addition to the second round of seminars next fall,
a special series will focus on women and health. If you're
not already on the mailing list, to receive notification of
the meetings contact Regina Neal at (718) 633-6272.
14
Health / PAC Bulletin
Summer 1992
Women and Children Last
Barriers to Drug Treatment for Women
LARAY BROWN
rug abuse often compounds the immense diffi-
D
culties that the poor face in finding jobs, housing,
child care, education, and health care. For many,
drug abuse effectively precludes the constructive resolu-
tion of all other problems. Drug abuse has strained many
already overburdened community institutions to the
breaking point and destroyed the economic and social
strengths of many neighborhoods. The effects of increas-
ing drug and alcohol abuse among women is particularly
devastating because of their pivotal position in both fam-
ily and community structure in poor neighborhoods. Be-
tween 1970 and 1984, the number of Black and Hispanic
families headed by women more than doubled. Among
the poorest third of Black families, over 70 percent were
headed by women in 1990.
LaRay Brown is Assistant Vice President -
of Mental Health and
Chemical Dependency Services at the New York City Health and
Hospitals Corporation and a member of the Health / PAC Board.
Her positions in this article are based on work she has done with
women working toward recovery and economic self sufficiency -
.
This is a revised version of a presentation given at the Health / PAC
forum on Women and Health at the American Public Health
Association annual meeting, Atlanta, GA, November 11, 1991.
Clearly, women's drug and alcohol use devastates the
women themselves, many already rendered physically
and mentally vulnerable by the circumstances of poverty
and lack of access to health care. The effects on their
children are also tragic, both because they affect the health
of the child - to - be at the prenatal level and because
women, as the traditional caregivers, affect their children.
Yet, at the same time that women's needs for mental
health and drug treatment services are growing (see side-
bar), existing public health systems are suffering cutbacks
and dismantling. Moreover, the services that exist, partic-
ularly drug and alcohol treatment, are not designed to
serve women and their children effectively.
Although much attention has been focused on the rise of
crack cocaine use, alcoholism and alcohol use continue to be
significant problems for women and their children. The
combination of both alcohol and drug use or the use of many
types of drugs at once poses particular problems for treat-
ment providers. Moreover, chemical dependency is often
accompanied by other significant mental health problems,
further exacerbating women's difficulties in obtaining the
services they need to achieve relief and recovery.
In New York City, as elsewhere, the need for drug
treatment far exceeds the resources available. The full
Visuals
Evans /Impact
Dona
EVANS
Summer 1992
Health / PAC Bulletin
15
Women, Children,
and Drug Use
* An estimated 500,000 children in New York State
have parents who are drug users. Half the clients
of residential drug treatment programs and two-
thirds of methadone program clients have chil-
dren.
* There were an estimated 10,000 drug addicted -
mothers in New York City in 1991, a more than
threefold increase since 1988.
* More than 90 percent of women who use drugs
fail to get drug treatment before giving birth.
* There was an increase of 3,746 percent in sub-
stance abuse by pregnant women in New York
City between 1980 and 1988, with increased use
of cocaine a contributing factor.
* An estimated 1 in 60 newborns are infected with
HIV in some areas of New York City, primarily
as a result of maternal drug use.
* The number of women in prison New York State
increased 59 percent from 1988 to 1989, largely as
a result of drug abuse.
* The major cause of deaths among women ages 15
to 44 in New York City are drug abuse, AIDS, and
homicide.
i Fetal alcohol syndrome occurs in approximately
1 in 400 live births in New York State. Another
2,000 children are born with alcohol - related birth
defects each year. Fetal alcohol syndrome now
leads Down's syndrome and spina bifida as the
country's major cause of birth defects with asso-
ciated mental retardation. Of the three, only fetal
alcohol syndrome is totally preventable.
extent of the unmet need is unknown, since there is no
central clearinghouse that maintains information about
vacancies and waiting lists for drug treatment programs.
However, it is known that methadone programs currently
reach, at most, 15 percent of the heroin - using population.
Other treatment modalities are available for only about 2
to 4 percent of those addicted to other drugs.
The present system of drug treatment for women is not
only costly, but it strains and disrupts families because there,
are so few services that allow women to receive appropriate
treatment while continuing to raise their children. Although
some drug users would not accept treatment even if it were
available, some experts believe that the existence of com-
prehensive drug treatment centers that provided outreach,
immediate evaluation and referral, and site on - assistance
would encourage greater numbers of drug users to seek
treatment. This article highlights the obstacles that women
in New York City face in getting treatment for drug and
alcohol abuse and concludes with a model of the type of
comprehensive services they and their families need to
help them attain recovery and sobriety.
Obstacles to Treatment
Chemically dependent women who are trying to get
help from public mental health programs, such as those
provided by New York City's Health and Hospitals Cor-
poration, face basic and specific barriers to recovery due
to the fragmentation and lack of coordination of services
among provider agencies. In New York City, women
must negotiate at least four different bureaucracies, since
agencies for addictions treatment are separate from de-
partments of child and family welfare, housing, and other
entitlement services. Women face additional obstacles in
dealing with the Department of Employment.
When a woman in New York City enters a residential
treatment program, she often has no alternative but to
place her children in foster care through the Child Welfare
Administration (CWA) if she has no family to keep them.
If she is in a day treatment program, she needs home-
maker services, which are provided through CWA, but
she often has no one to coordinate the provision of these
services with her treatment or medical needs.
The Department of Welfare tries to coordinate housing
and services for homeless women and their families
through entitlement programs such as Aid to Families
with Dependent Children (AFDC) and the Women, In-
fants and Children nutrition program WIC (). But here, as
at every point in the bureaucratic maze, there is no coor-
dination and no assistance provided in obtaining drug
treatment services.
Even without the confusion and institutional barriers
that women using public programs face, the treatment
services offered by the City of New York suffer from a
grave lack of readily available slots of every kind. Al-
though there have been increases in funding within the
last two years for the development of programs for
women, particularly pregnant addicts, access to treatment
Women's attempts to obtain
treatment can involve a choice
between their own well being -
and that of their children.
remains difficult. There are virtually no treatment pro-
grams able to accommodate them as women with fami-
lies, on either an inpatient or outpatient basis, and no
comprehensive residential services for women that can
include their partners, and their children. In New York
City there are less than a handful of residential rehabilita-
tion services for women and children - The United Bronx
Parents'La Casita and Odyssey House's MABON may be
the only existing examples. Thus, a major conflict for most
women in obtaining inpatient detoxification or residential
treatment services is that, because of this programmatic
16
Health / PAC Bulletin
Summer 1992
disregard for their family life and the often mandated
placement of their children in foster care, their attempts
to obtain treatment can involve a choice between their
own well being and that of their children.
Women struggling to regain
their children after losing
them during drug treatment
are viewed as " incompetent "
and written off.
Once women participate in drug treatment and their
children are placed in foster care, the women find little
institutional support for their attempts at recovery. The
child welfare system has no comprehensive plan or or-
ganizational structure for the stages of mental health re-
covery or recovery from drug dependency. For example,
there are no protocols to deal with relapses into substance
abuse, which are common. Because the rules are inflexi-
ble, a relapse causes the continued disruption of families
as the family members and welfare and foster care agen-
cies try to contend with the changing circumstances.
In addition, families are assigned to different workers
within the Child Welfare Administration at different
stages of intervention, further contributing to fragmented
casework planning. system The
also fails to provide inten-
sive therapeutic services to women who are trying to
regain custody of their children. Foster care workers gen-
erally do not have time to do the intensive therapy work
that is needed, and social workers, working with preven-
tive services and boarder babies, focus primarily on pro-
viding treatment for women who have not yet lost their
children. Women struggling to regain their children after
losing them during drug treatment are mostly viewed as
" incompetent " by the system and written off.
Mothers seeking treatment avoid the foster care system
as much as possible. They rely on family and friends to
take care of their children, if they are not mandated by law
to use foster care. But placement of children with relatives
can promote intergenerational, financial, and emotional
conflicts that can undermine the mother's authority and
exacerbate the stress of her recovery, and thus serve as a
disincentive to continue treatment. While extended fam-
ily placements are often helpful and sometimes essential,
they are also made difficult because support benefits are
greater for children in foster care than on welfare.
Women who are homeless have an additional layer of
bureaucratic difficulty. Residential treatment programs
are not coordinated with permanent housing options for
those who are homeless, and after treatment these women
are thrown back into situations that invite relapse or may
prevent treatment in the first place. Women with their
children in the shelter system must confront pervasive
drug use there. Yet, if they choose to enter treatment,
placing their children in foster care, they face a Catch - 22
situation. Once they leave the shelter system for any
reason, even to enter drug or mental health treatment,
they forfeit their place on the long waiting lists for housing
and must start all over again, which may mean months or
a year more wait to obtain an apartment. And, once they
leave residential treatment, having placed their children
in foster care, they cannot get them back again, because
they have no permanent housing. Moreover, because the
women do not have current custody of their children, the
housing agency gives them lower priority for permanent
housing. This is true for women who are mandated to
place their children, as well as for those who do so volun-
tarily. This Catch - 22 situation would frustrate and demor-
alize the strongest of people. Those who are poor, without
community or family support, and in need of treatment
.
can easily lose the ability to persevere.
Much of this difficulty could be avoided if there were
adequate numbers of publicly subsidized child care ar-
rangements and slots in most drug treatment or preven-
tive service agencies. Specialized care for medically
fragile newborns is especially needed. Ideally, these child
care services would be designed as a comprehensive par-
enting program within each drug treatment setting.
Besides the insuperable obstacles to treatment, to con-
tinued custody of their children, and to permanent hous-
ing, women who have drug and mental health treatment
needs also face considerable difficulties in getting benefits
from entitlement programs, such as welfare and WIC.
These programs are often unavailable to women and their
newborns during the medically critical first months after
birth due to perpetual delays in the opening of new cases,
often caused by the slow acquisition of vital documents.
For women in day treatment, homemaker services, like
child care, are essential. Such services are not easy to
obtain and are often withdrawn after six months, at a time
when most women are in very early and fragile stages of
sobriety. (Drug users often need a full 18 months of reha-
bilitation in order to avoid relapse.)
As a final obstacle and indignity, federal welfare policy
discourages if not prohibits outright - women in recov-
ery from applying to long term -
educational and voca-
tional programs following treatment by threatening to
close a recipient's case, reduce their benefits allocations,
or withdraw support services altogether if they apply for
additional help from such programs. This avenue closed,
women are forced to accept coercive work incentive pro-
grams that offer few long term -
opportunities for eco-
nomic independence and low wages that maintain the
women in poverty.
Comprehensive Services
Women who depend on the public mental health sys-
tem for help with substance abuse need a complete range
of treatment, health, and social support services. A woman
must not be forced to choose between separation from her
children and treatment. Services must be developed that
focus on women, their children, and their partners, treat-
ing all these individuals simultaneously.
Program models must be assessed by their impact on
two key areas: family cohesion and the long term - eco-
nomic stability of program participants. Recovery is a
process of empowerment, based on long term - develop-
ment and self awareness -
, with the goal of individual au-
tonomy. Self sufficiency -
is critical to long term - sobriety.
Summer 1992
Health / PAC Bulletin
17
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Community - based centers or consortia of providers
designed to provide a complete package of necessary
support services for women in a central location must be
funded and implemented. These centers or consortia
should combine drug and alcohol treatment for women,
as well as other mental health services, with support
services ranging from housing, to job tra aing and skills,
primary health care, and child care services. At the same
time, the program must work with the women's children,
providing necessary educational, developmental, health,
and preventive services. Such a comprehensive treatment
program would offer a continuum of treatment, with the
following specific components:
Intensive Residential Treatment. Many women in the
early stages of withdrawal from addiction need to begin
treatment in intensive treatment programs especially de-
signed to meet their needs. The program should consist
of highly structured drug and alcohol abuse treatment
services that concentrate on overcoming the addiction.
Daily activities should center on group and individual
therapy. Support and direction from peers is a key com-
ponent of successful residential treatment programs, with
women assuming greater responsibility as they progress
through the program. Thus, a specific focus on women
who are pregnant or have children is essential in encour-
aging their recovery.
Children who have a parent who abuses drugs and alco-
hol often have not had the attention and care that is neces-
sary for healthy development. Because women in treatment
need to focus on overcoming their own addiction, much of
the initial care of the children will need to be provided by
care givers in the residential program. Services that should
be available for children include individual assessment,
child care, specialized nurseries, recreation, and age appro- -
priate prevention and treatment (when appropriate) to deter
substance abuse later in life.
Poor health usually accompanies substance abuse.
Pregnant women who are drug and alcohol users present
particularly difficult medical problems at a time when
even healthy women can have trouble getting adequate
obstetrical care. Medical services are a necessary compo-
nent of the program for both women and children.
Needed services range from well child care to emergency
services. Health services should be provided on site
where possible, and the program must establish connec-
tions to services provided in the community when more
intensive medical services are required.
Supportive Living Facilities. A supervised residence
for women and their children should be available as an
alternative level of care for women who graduate from
intensive residential treatment so that they may continue
their progress toward independence or for women who
do not need intensive treatment services but are not ready
to leave a supported community. This component in the
continuum of treatment should begin to focus on the
family's life after treatment to promote adjustment to a
drug - free life style -.
Recovery is a process of
empowerment, based on long-
term development and self-
awareness, with the goal of
individual autonomy.
In this stage of treatment, women would choose to
receive drug counseling and begin to develop skills that
will enable them to maintain a self sufficient -
family. For
example, women might participate in appropriate educa-
tional and vocational programs so that they could apply
for and maintain steady employment. As they progress,
women would assume increasing responsibility for the
care of their children.
18
Health / PAC Bulletin
Summer 1992
With the continued support and guidance of program
staff, women would then develop a discharge plan for
themselves and their family to provide for a smooth and
successful transition to the next stage of treatment and
beyond to independent living within the community. The
discharge plan should integrate the concept of case man-
agement to ensure that the women and their families are
connected with support services outside the treatment
program.
Services available to residents of the supportive living
facilities would include:
* In house -
drug treatment services, including individual
and group counseling and HIV prevention and educa-
tion services.
* Day care, recreation, family counseling, and support
services for the children.
* Case management, to begin to link women to services
in the community.
* Health care for both women and children, similar to
that provided in the intensive residential treatment
component.
* Vocational and employment services and education.
* Life skills training, including stress management,
household management, money management, and the
development of parenting skills.
* Discharge planning.
* Mutual self help - and peer support.
Although most of these services should be provided on
site, some could be made available near the residential
facility. They must be guaranteed, however, and coordi-
nated through individual case management on behalf of
each woman and her children.
Independent Apartments. Another level of care may
be needed in some communities to continue the process
of helping the reunited family unit make the transition to
total independence.
At the independent apartment stage of the treatment
continuum, services would be designed to make indepen-
dent living possible and successful. Women would live in
an apartment and assume primary responsibility for car-
ing for their children and maintaining the household.
Apartments should be clustered to allow peer support.
Treatment staff would no longer be on site 24 hours a day,
but many support services would remain available.
Program staff should make frequent visits, and case
management staff would ensure continued connection
to social, vocational, and educational services and out-
patient drug and alcohol abuse treatment. Homemaker
services and child care are provided so that women
could go to school, work, or community programs.
Children would continue to receive counseling and
participate in age appropriate -
educational and recrea-
tional programs.
Before the women graduate to truly independent living,
staff would work with each woman and her children to
develop a comprehensive discharge plan to ensure that
arrangements were made for permanent housing and com-
munity services, including enhanced outpatient services.
Permanent Housing. As part of the discharge - plan-
ning process, the program's case managers, working with
state and local housing and social service agencies, would
assist families in obtaining permanent housing. Once in
permanent housing, the families would continue to re-
ceive enhanced outpatient and case management services
determined by the family's needs.
Enhanced Outpatient Slots. As part of the effort to
provide continued care and treatment in the community,
the program must provide outpatient services that meet
the particular needs of women who are pregnant or have
children. Enhanced outpatient services should include
child care, specialized nurseries for children, and case
management to ensure women's access to health, social
support, educational, and vocational services.
These enhanced outpatient services should also be
available to women in the community who need support
and treatment but do not require residential intervention.
Reaching women before they require residential treat-
ment is cost effective -
and allows the family to maintain
ties to the community and support networks.
Outreach Services. Community outreach services
should be available to identify and reach women and
children in need of the services because of emergencies or
relapse.
The development of a comprehensive treatment con-
tinuum for chemically dependent women in family sup-
port communities will eliminate existing barriers to
treatment, reduce the number of children placed in foster
care, and provide a cost effective -
means of keeping fami-
lies together. By adding new components to treatment
and coordinating other support services needed by these
families, the public mental health and drug treatment
systems will be more effective in assisting this high - risk
population.
The goal of the public system should be to make treat-
ment available to all those who need it and, through active
outreach efforts, to increase the number of substance
abusers who seek help. Limited resources necessitate hard
choices about who is to receive treatment and how that
treatment is to be provided, but women deserve priority
and comprehensive attention.
Pregnant substance abusers desperately need prenatal
care and are often motivated to accept treatment to im-
prove the health of their babies. Mothers at risk of losing
custody of their children are similarly motivated. Women
should have the opportunity to be treated, to reach their
full potential, to keep their families intact, and to protect
their children from addiction, HIV infection, and devel-
opmental impairments. The destruction of the health and
lives of babies and children by their mothers'drug use
represents an unacceptable cost in terms of medical care,
foster care, special education, and long - term social prob-
lems. Y'
Summer 1992
Health / PAC Bulletin
19
The Rural AIDS Front
JENA HEATH
Anniston, Alabama
etty C. boarded a bus and headed 60 miles west to
B
Birmingham many times in the year before
Alabama's first rural AIDS clinic opened. " I missed
a lot of appointments, " the mother of three said, " because
I couldn't get there. " During that year, Betty developed
pneumocystis pneumonia. With children at home, no
reliable car, and no way of affording one on her $ 3.95 - an-
hour laundromat wage, Betty C. was simply unable to
obtain the consistent care that could have helped prevent
the pneumonia.
Some of her problems were solved in December 1990,
when the nation's fourth rural AIDS clinic, AIDS through
Support and Knowledge ASK (), opened in northeast Al-
abama. Three years after she had tested positive for HIV,
Betty C. became the clinic's first patient, finally receiving
regular care from a doctor familiar with AIDS.
According to the Centers for Disease Control, this state
of 4 million farmers, loggers, manual laborers, textile
workers, and military dependents had 374 cases of AIDS
in 1991, a 58 percent increase over 1990. These numbers
will not startle urban health care workers who have bat-
tled hundreds of thousands of AIDS cases for 11 years
now, but state health officials here are alarmed. The dis-
ease is growing faster in Alabama than in any other state
with 50 or more AIDS cases.
In Calhoun County, home to ASK, and the 10 counties.
surrounding it, the increase was even higher - 62 percent.
In the first six weeks of 1991, 14 new cases were reported
in this tiny region, nearly as many as in all of
1990. Heterosexual transmission was the at-
rural model, provides outpatient services to people re-
ferred by private physicians and health departments in
the area. In a joint management approach already in use
in rural areas for other diseases, patients remain in the
care of their own doctors, but receive management and
treatment for their AIDS related -
complications at the
clinic.
Both White and Dr. Barbara Hanna, the primary care
physician for all 100 patients at ASK, say treating AIDS in
rural areas is complicated by several factors, not least
among them the distances patients have to travel. " We
have indigent patients with no transportation, " White
says. " We are trying to deliver care over thinly populated
areas where just getting to treatment can be an obstacle.
Urban areas have local transportation. We serve a 6,000-
square - mile area. "
Hanna says educating Alabamians about the disease is
complicated by extreme homophobia. Despite the now
well reported -
dangers to heterosexuals, many people
here in the Bible Belt persist in seeing AIDS as the sinful
result of a sinful life style -. Many gays in small towns must
still maintain almost entirely closeted lives. Others simply
leave.
Rural Face of AIDS
The face of AIDS is different in rural settings than in
cities such as New Orleans, where Hanna worked pre-
viously. " The numbers of women are increasing, but
they've always been higher in women in Alabama, " she
tributed cause in 11 percent of Alabama's Debra Wade, ASK executive director, at the clinic in Hobson, Alabama.
AIDS cases last year, compared to 5 percent
nationally. HA YULNI
Despite the numbers, there is little national
=
awareness of the particular problems facing
patients and health care professionals con-
fronting the disease in rural settings and there-
fore little funding targeted toward them.
" People with HIV here are extremely handi-
capped because of the lack of facilities, " says
Dr. Paul White, Jr., who runs the Rural HIV
Clinic in Albany, Georgia. " There's a desper-
ate need to develop a rural HIV model for the
simple reason that all the resources have gone
to large metropolitan areas. "
White's clinic, which he proposes as such a
Heath
Jena Heath is a reporter for the Anniston Star, a
33,000 circulation -
daily in Anniston, Alabama.
Jena
20
Health / PAC Bulletin
Summer 1992
SIN SIN WILLY WOILLU K!IL
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Jesus gives you PEACE life
NEED HELP? Call 892-2989 892-9188
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THI
JUDGMENT HAS COME /
AIDS
ANTHERE IS NOWE Rightous
Merdith
Romans 3:10 No! NOTONE
Ann
Homophobia and fundamentalism complicate the problem of AIDS education in Alabama.
says, " It's been more of a heterosexual problem here than
in the country as a whole, and I think that may have to do
with the fact that we don't seem to have large metropoli-
tan areas that attract gays. At the same time, we have a
very uneducated, lower socioeconomic population where
illiteracy, unstable homes, and drug use are common. "
Indeed, the crack epidemic has not left rural America
untouched. White blames the drug for much of the het-
erosexual transmission he sees in his 14 county -
health
district in southwest Georgia.
There are other similarities between AIDS in rural and
urban America. Hanna's patients in Alabama come down
with the same opportunistic infections as the people she
saw in New Orleans did. " The disease is the same, " she
says. It kind of spooks you sometimes because it is so
patterned. It is the reactions to it and the knowledge that
are different. " However, Hanna has not as yet seen the
dramatic outbreak of drug resistant -
tuberculosis that her
urban colleagues are fighting. ASK has had only two TB
cases, and they were treatable. Georgia has reported only
four cases of drug resistant -
TB, White says.
Also, as in the cities, funding to keep fighting the
epidemic is hard to come by indeed -
, even harder than it
is in the cities. Like White's Georgia clinic, ASK survives
primarily on Ryan White grant dollars from the U.S.
Department of Health and Human Services. The clinic
received $ 278,000 in Ryan White money last year and has
managed to scrape together $ 53,000 in matching funds.
ASK also got a $ 10,000 donation from the rock group the
Grateful Dead. The clinic treats mostly indigent patients.
Sixty percent have no medical insurance at all. Thirty
percent are on Medicaid, and the rest have some form of
private insurance.
Local support has been less evident. The Alabama
Department of Public Health has donated money and
laboratory resources, but funding from the cities that
surround the clinic has been existent non -
. " There's city
money in New York and San Francisco and Birmingham, "
Hanna says. " But there's none here. Anniston " (popula-
tion 27,000) " is the'big city'here. "
Local Hostility
Located first in Oxford, Alabama, a predominantly
white town of 9,000 people, ASK recently moved to nearby
Hobson City, which is almost entirely black. Hanna and
clinic director Deborah Wade say the move was necessary
because they needed a bigger building to treat an ever - in-
creasing number of people.
The town of Oxford was less than hospitable to the
clinic. During a 1990 presentation Hanna gave to Oxford
police and rescue workers about AIDS transmission, Ox-
ford Mayor Leon Smith made his feelings clear. " Be sure
that we will monitor " the clinic, he told Hanna before a
packed audience at City Hall. " I'm not going to promise
you that we'll be friendly. " Residents were initially up in
arms about the clinic, fearing their water would be contam-
inated and their children infected by discarded needles.
Though the hostility has softened, feelings about the
clinic remain mixed. The state medical association re-
flected the sentiments of most of its members last year
when it lobbied successfully to pass a law permitting HIV
testing of hospital patients without their consent. The law
passed with virtually no opposition. Yet, according to Dr.
Greg Jones, a family practitioner in Anniston, many local
physicians actually welcome the clinic, if only because it
can provide care for those they themselves are afraid to
treat because of their own homophobia or AIDS phobia -
.
In such a climate, Hanna, Wade, and White say AIDS
education remains their first priority, while expanding
medical services is another. White opened another clinic
in April in Thomasville, Georgia, the southern part of his
health district. And Hanna and Wade plan to visit rural
health departments and sexually transmitted disease clin-
ics twice yearly to treat HIV patients who cannot get to
Hobson City. They will also spread the word about AIDS,
especially to those most at risk.
Summer 1992
Health / PAC Bulletin
21
Integrating Paradigms
Teaching Traditional and Western Medicine
with Guatemalan Refugees
JAMIE TESSLER
Southern Mexico, January 1992
The aroma of eucalyptus bundles and boughs of
T
bitter orange leaves stuffed inside my daypack
reaches my nose after every pothole. I hope the
training manuals, flipchart paper, and other supplies
strapped to my bicycle basket will survive the mud that
splashes up with every bump. Only 3 kilometers to the
neighboring Guatemalan refugee camp, where an intro-
ductory course for rural health promoters is about to
begin.
Today's class on medicinal plant applications will
include 17 Guatemalan refugees, most of whom have
never worked with botanical medicines before. The class
will systematize safe and useful remedies from locally
available plants, and design a diagnostic framework that
will both address the seriousness of an illness from a
scientific perspective and embrace the belief system of the
patient - no simple task.
We will also talk about the historical precedents that
bring us to this point in time what --
happened to the
Mayan traditional medicine and how scientific medicine
was imported and we will examine the diseases that are
born from poverty, marginalization, and dislocation.
Subhuman health conditions, landlessness, human
rights violations, pervasive racism, and the accumulated
indignation of colonization have led to the development
of a diversified popular movement in Guatemala and a
Jamie Tessler is a health educator and activist who is joining the
Health / PAC staff as coordinator of the Content of Drug Treat-
ment grant project from the Robert Wood Johnson Foundation.
From 1985 to 1988 she developed popular education materials
for indigenous health promoters in Mexico and Guatemala.
30 year - armed revolutionary struggle. Hundreds of thou-
sands of Guatemalans reside in internal or external exile
from this bloody civil war.
Life for most people inside Guatemala is a gloomy
picture of suffering and misery. The infant mortality rate
of 80 per 1,000 live births ranks just behind those of Haiti
and Bolivia for the Central American and Caribbean re-
gion. Seventy - five percent of the population lacks access
to potable water, and 82 percent of children under 5
demonstrate clinical signs of malnutrition. The most un-
equal land distribution in all of the Americas can be found.
in Guatemala. The top 10 percent of landowners hold 80
percent of the farmland. Eighty percent of all farmers do
not have enough land to feed their families. Sixty - five
percent of the population of Guatemala is indigenous,
speaking 22 distinct Mayan languages.
The vast majority of the 46,000 recognized refugees
located in the southern Mexico camps are Mayan Indians
(who prefer to be known as indigenous people), who were
driven over the border from the adjacent Ixcan jungle
region during the brutal counterinsurgency campaign
conducted by the Guatemalan army between 1978 and
1984.
The Guatemalan army followed the refugees onto
Mexican soil, murdering several refugees accused of sub-
versive activity. In response, the Mexican government
"
forcibly relocated 18,000 refugees to the remote states of
Campeche and Quintana Roo. The vital and successful
cooperatives established in the Ixcan region in the 1960s
by formerly landless highland peasants were viewed by
the Guatemalan army as a support belt for the burgeoning
revolutionary movement. An estimated 440 villages were
razed in the army's " scorched earth campaign, " leaving
50,000 to 75,000 dead, 35,000 disappeared, and 100,000
children orphaned (having lost at least one parent).4 The
22
Health / PAC Bulletin
Summer 1992
Sr\00
unrelenting repression continues. The Gua-
temalan Human Rights Commission re-
ports 252 extrajudicial executions and 14
disappearances from January through mid-
May 1992. Guatemala had the largest num-
ber of human rights monitors killed,
worldwide, in both 1990 and 1991.
With the lowest immunization rate in all
of Latin America, Guatemala has demon-
strated its marginal commitment to public
health. A 1981 government study revealed
that 70 percent of the deaths of children
under age 5 were due to preventable dis-
eases. Government sources from 1985 re-
ported that 46 percent of the population
were without any access to some form of
health care. Nor is medical neutrality re-
spected; 500 health promoters were mur-
dered or disappeared during the
counterinsurgency campaign of the early
1980s.
YUCATAN
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Guatemala
Honduras
Rural Health Promoters
El
The high index of malnutrition and infec-
tious disease in both the rural areas and
1980-1982: Approximately
Approximately 150,000 Guatemalan Guatemalan refugees fled to Mexico
1984: 18,000 refugees forcibly relocated by Mexican agencies to
Salvador Salvador
refugee camps can only be reduced by a
Quintana Roo and Campeche, where they remain today.
comprehensive community organizing ef-
fort. The movement to train and support
rural health promoters in Central America had its in-
after the 1976 earthquake, a flood of international non-
ception in Guatemala in the early 1960s when residents of
governmental and religious organizations arrived as part
highland Indian communities in the Huehuetenango re-
of the relief efforts and stayed on, and many of these
gion asked the local Catholic mission dioceses for help
became involved in training rural health promoters. It
with their health problems. In the absence of effective or
should be clear, however, that in several communities the
indigenous peasants are in charge of their own programs
and seek out both the funding and the technical assis-
tance.
A rich legacy of traditional
healing practices survived
500 years of Spanish invasion,
colonization, repression,
and racism.
comprehensive services from the government and with-
out recognition from the Guatemalan Health Ministry,
whose feeble attempts have failed to make a dent in the
country's health problems, the movement built on the
centuries - old tradition of indigenous health practitioners
who provided community - based services to im-
poverished rural peasants. Building on this tradition,
nuns trained as physicians (sis-t edroc s"
") responded to
the indigenous people's call for training, and developed
and fine tuned course curricula. These dedicated church
workers developed record keeping -
systems and super-
vised hundreds of newly trained health " promoters. "
Later on, the regional Catholic Church asked U.S. mis-
sions to send 10 percent of their personnel to Latin Amer-
ica to work with the poor. A highland community hospital
also trained community - based health personnel. Then,
Rural health promoters are elected from their commu-
nities to be trained as primary health care educators.
Promoters must be able to read and write, or be willing to
learn, as a prerequisite for training. The training programs
demystify the intimidating language of scientific medi-
cine and present basic concepts in an understandable
form. The training incorporates popular education meth-
odologies and materials that reflect the cultural back-
ground and literacy level of the promoter. Rural health
promoters, who serve without pay, provide both preven-
tive and curative functions as well as community - based
education.
Opposing Paradigms
From the beginning, rural health promoters were
trained exclusively in the scientific medical model. A
" economic political -"
critique of scientific medicine was
nurtured: Scientific medicine in itself was inherently
oefi
good; the only problem was providing access to and
distribution of services and medicines to the poor who
needed them. Given the devastating
health indices and endemic health
problems, the introduction of the tools
of scientific medicine certainly made
some notable improvements. Yet the
limits and dangers of this medical
model revealed themselves over time.
Summer 1992
Health / PAC Bulletin
23
Guatemalans did not approach the world of scientific
medicine with a blank slate. A rich legacy of traditional
healing practices has survived 500 years of Spanish inva-
sion, colonization, repression, and racism. A highly de-
veloped crew of pre Columbian -
health practitioners,
including surgeons, herbalists, dental experts, poisonous
bite specialists, and bone setters -
served the Mayan nobil-
ity at the time of the Spanish invasion. Midwives, herbal-
ists, and a myriad of spiritual and other healers served the
common classes. Although much of this knowledge was
lost when the Mayan ruling classes were decimated by the
Spanish, it continues to be a principal source of health care
for thousands of rural indigenous people.
Thus, indigenous medicine is not a " pure " and unadul-
terated construct. With colonization, these practices un-
derwent a continuous process of transformation. Most
practitioners of scientific medicine discounted the valid-
ity of traditional medicine modalities as " folklore. " Inher-
ently preventive aspects of certain traditional medicine.
practices went unrecognized by the Western practitioners
and became a lost resource. But only traditional practi-
tioners respond satisfactorily to the " folk " illnesses, such
The conflict between
traditional and scientific
medicine confounds the
therapeutic relationship on
every level.
as susto (fright). These illnesses form an integral part of
the Guatemalan experience, reflecting deeply rooted be-
lief systems, but Western practitioners ignored the deep
cultural, religious, and mental health functions of these
non Western -
ailments. When the diagnosis and pre-
scribed treatment fell outside of the culturally determined
categories, patients often would not follow treatment pro-
tocols. The conflict between traditional and scientific
medicine confounds the therapeutic relationship on every
level.
Quintana Roo, February 1992
The strong fire leaves the large rocks piping hot. Water
from a clay pot thrown onto the rocks transforms the chuj
(traditional Mayan steambath, also known as tuj or tem-
ascal) into a beach of mist, warmth, and comfort. " The
chuj keeps you healthy, " Don Antonio * told me. " My
"
grandfather built one, and his grandfather built one. '
Maria adds more water to the rocks, and steam blanks out
my consciousness. She hands me a bough of soft branches
to gently beat my body, bringing the blood to the surface.
Afterwards I am wrapped in blankets, given a hot drink
to sip, and hurried off to bed.
*
All names have been changed to protect the anonymity of those
involved.
Tesler
Jamie
see
1 i Re
Traditional Mayan chuj (steambath) recreated in
refugee camp.
A quintessential survival tool Guatemalans use to pre-
serve tradition is to obscure the traditional belief or practice
inside the cloak of the opposing paradigm. Other beliefs
were concealed through hard times, gently camouflaged in
coded references, acting like chameleons so as not to attract
attention, only to reappear in new forms later on. Dignified
and tenacious acts of cultural survival can be found among
traditional medicine practices in the refugee camps. It is
more than a simple miracle, for example, that the chuj can
be found in a few homes in the Mexican refugee camps. The
chuj is a permanent piece of architecture designed for bath-
ing, healing, and, at times, birthing and postnatal care. Orig-
inating in the cold highland climates, the chuj stayed with
the highland Mam Indians as they moved to the steamy hot
Ixcan jungle, again on the Chiapas border after fleeing army
violence, and now hundreds of miles away in another dis-
parate climate.
During the colonization process, religious workers
tried to prevent families from entering the chuj together,
claiming that it was immoral for men and women to be
naked together, even if they were related. Spaniards at
that time were convinced that bathing was dangerous,
and tried to stop the use of the chuj strictly from a disease-
prevention standpoint. The obvious benefit for certain
muscle and joint ailments, respiratory illnesses, cleansing,
and general relaxation is taken for granted 500 years later.
Quintana Roo, January 1992
Small groups are discussing the reasons why tradi-
tional medicine practices are not integrated into the health
promotion work: " There is a lot of propaganda on the
radio " regarding a new pharmaceutical product. " People
ask for medicines. They think they work faster and better. "
" Medicines are easier to take. They are ready when people
need them. You don't have to go out and look for the
24
Health / PAC Bulletin
Summer 1992
plant. " " We lack information and training. Knowledge
was lost when we had to become refugees. "
Ideas to remedy this problem include a collective me-
dicinal plant garden, a camp based -
laboratory to produce
and package standard remedies, and making bulk pur-
chases of useful plants that do not grow wild in the region.
An interchange of experiences between midwives and
health promoters, organized by language groups, is pro-
posed. One promoter suggests making a big batch of cough
syrup at the beginning of the rainy season, so that an
effective remedy would be ready to dispense as soon as the
colds and flu cases began.
Professional disdain from local health authorities has
resulted in little study or understanding of traditional
modalities of health care. The fantastic ecological diver-
sity found in Guatemala provides a vast range of botanical
medicines, little of which is systematically utilized to
benefit the people. For example, the nopal, or prickly pear
cactus, is a statuesque plant adorning the patios of many
of the refugees'homes. For centuries, Mexicans have gath-
ered the tender leaves, cleaned off the sharp spines with
a machete, and prepared a tasty cooked salad. Guatema-
lans are less accustomed to eating the nopal, a symbolic
plant for the Aztec nation. Yet nopal's unique high fiber -
content slows down the action of glucose so effectively
that it can dramatically reduce insulin levels. And so,
diabetics in the camps (and throughout the world) de-
pend for their survival on refrigerated insulin supplies,
which are subject to frequent interruptions of electricity,
failing refrigerators, or inadequate supplies, while an ef-
fective remedy grows nearby, free for the taking. Mean-
while, Japan imported 20,000 tons of nopal in 1987 strictly
for medical purposes.6
Limits of Scientific Medicine
Scientific medicine has taken on a dual role of both
magic and danger for Guatemalans. The concept of scien-
tific medicine as both technically and culturally superior
has permeated deep into the recesses of the culture
through sophisticated radio propaganda, advertising,
and other media. The promises of fast cures from pills and
injections raise hope for relief from chronic illnesses en-
gendered by abject poverty and malnutrition. People
want quick and easy solutions. Yet they have also seen
disastrous results and have been mistreated by practition-
ers of the Western paradigm.
May 1988, a village in the Ixcan jungle, a 3-1 hour / 2 -
hike in the mud from the nearest dirt road
At the local tiendita small (
grocery store), chocolate-
flavored, single - dose packets of tetracycline are featured
on long cardboard strips, like candy. These packets, damp
with the relentless humidity of the Ixcan jungle, are
prescribed to small children with persistent diarrhea.
Expired tetracycline is extremely dangerous, and all tet-
racycline is contraindicated for children under 6 years old.
If the diarrhea is caused by viral or parasitic factors, the
child will only get worse from her disease and the side
effects of dangerous medicines. No surprise that in some
communities, women are reluctant to name children be-
fore they reach age 4, since so many will die. The loss of a
nameless child is slightly diminished.
The experiences of the campesinos who utilize govern-
ment health care services are consistently negative and
counter the attraction of miracle pills and injections. Patients
are given a prescription after an extremely brief, impersonal
examination without being told what they suffer from, what
caused their illness, or how to take the medicine correctly.
The prescription may cost a week's or month's salary. With-
out adequate information or funds, patients frequently mis-
use medications and deplete family savings. Prevention is
Dignified and tenacious acts
of Dignified cultural survival can be
found among traditional
medicine practices in the
refugee camps.
absent from the clinical interaction, so illnesses derived
from poor sanitation and malnutrition recur. Iatrogenic
illnesses abound. The institutionalized abuse of antibiot-
ics throughout the developing world has had devastating
results physically, economically, and medically as popu-
lations become resistant to the more common antibiotics.
Fancier and more costly drugs are required when serious
infections develop later on.
Southern Mexico, December 1991
The Mexican physician asked all children to arrive at
the government health post with a piece of cloth brought
from home. In a plan to eradicate the prevalent lice in the
community, the physician came prepared with a spray to
apply to each child. The piece of cloth was to cover their
faces before application. An advisor to the health promot-
ers stopped the procedure right before it began: the spray
was DDT.
In the refugee camps, some of the Mexican physicians
lack formal training in infection control. Hospitals are
used only as a last resort and present an unmanageable
expense to the family. Public hospitals are poorly staffed
and are deficient or totally lacking in all basic supplies.
People believe that hospitals are the place to go when it is
time to die, and most prefer to die in their homes if
possible.
Ironically, then, through their failures, Western medi-
cal interventions have played a role in stimulating the
preservation of traditional medicine and practices. This
dynamic is not unique to Guatemala. The failure of West-
ern medicine to address the burning primary health care
issues of the developing world is rooted in the assump-
tions of scientific medicine. Although
the germ theory was a progressive step
forward in the understanding of epi-
demic illness, the role of specific agents
was excessively exaggerated. The so-
cial and economic roots of infectious
diseases are obscured when all of the
Summer 1992
Health / PAC Bulletin
225
responsibility is placed on nasty microorganisms that
must be killed with just the right drugs. " Invisible and
amoral microbes " are blamed, and the failure of govern-
ments to offer minimal public health services, com-
prehensive vaccination campaigns, and preventive health
services is ignored.
January 1992
The training program opens up with a history of
Mayan medicine, covering the damage caused by the
Spanish invasion and its impact on health. The refugee
health promoters and I examine how the refugees'ances-
tors must have viewed practices such as bloodletting when
they believed that each person is born with a finite amount
of blood. The health promoters are asked to analyze the
impact of colonial reorganization of communities, such as
corralling dispersed communities into towns and the
health impact of forced labor. The socioeconomic impact
of the epidemics is compared with the current situation
found in poor communities inside Guatemala and in the
refugee camps. The relationship between war and disease
becomes alive.
The 16th century Mayans were decimated by relentless
outbreaks of catastrophic epidemic diseases brought by
the Spanish invaders, such as smallpox, typhus, plague,
and measles, for which they had no antibodies or treat-
ments. Indigenous people today confront health prob-
lems caused or exacerbated by urban and environmental
pollution, unsafe use of pesticides, and accidents associ-
ated with modern machinery unknown in previous de-
cades. For many Mayan descendants, beliefs about the
etiology of disease have remained the same since pre-
colonial times. What has changed are the illnesses them-
selves. Serious infectious diseases resulting from the
poverty and repression of civil war require new categories
of medicines until the underlying causal factors are re-
moved.
Tos
JARABE PROSAR PARA LA
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CATARRO, PULMONIA, HAY QUE
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PLANTAS
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|
HACER PLANTAS EL MEDICINALE JARABE MEDICINALE MEDICINALE QUE USARAQS PARA
EUCALIPTO
CANELA
PANELA
4 dopirs of DB
Tesler
Jamie
Training rural health promoters in the uses of
medicinal plants.
Integrating Paradigms
January 25, 1992
Doa Tomasa is the most articulate and outspoken of
the 25 midwives in the class. She shares stories and recipes
from her lifetime of experience attending births and the
subsequent childhood illnesses of her patients. When
asked how she learned her herbal repertoire, she declared
that " most of it just came to me. " Unbeknownst to Doa
Tomasa, comprehensive studies have been performed on
all of her remedies, demonstrating their therapeutic value
for the mentioned ailments. The only exception is the
liquid base of her expectorant cough syrup recipe, which
requires nothing short of Coca Cola, boiled together with
the eucalyptus, chamomile, and vervain for 20 minutes.
Scientific medicine has not replaced the traditional
forms of medicine, but serves as an additional system.
employed concurrently. At worst, however, the effective-
ness of each approach is destroyed by incorrect usage. As
trainers, our challenge is to teach concrete diagnostic
categories and then provide clear - cut treatment protocols
based on non Western -
modalities (mostly medicinal
plants). To make sure that the treatment is working, signs
and symptoms must be carefully monitored and the diag-
nosis continuously reevaluated. A back - up plan must be
in place to respond to worsening symptoms or life threat- -
ening complications.
As community educators, rural health promoters are
encouraged to build on traditional beliefs by supplement-
ing the practices with a sound grasp of infection control.
In the case of pneumonia, for example, which is a big
killer, antibiotics are the appropriate course of action from
all standpoints. Complementary herbal treatments include
eucalyptus inhalations, homemade expectorant cough syr-
ups, and astringent agents for throat inflammation and
pain. Viral bronchitis is less likely to develop into pneu-
monia if the patient receives preventive care based on
botanical remedies, rest, and adequate nutrition.
In the case of intestinal parasites such as amebiasis, the
recommended pharmaceutical product, Metronidazol, is
extremely toxic. Marked gastrointestinal distress, nausea,
and headache often accompany the regimen. The Mexican
herbal alternative, chaparro amargoso, is exceedingly bitter
and strong tasting but does not cause the secondary af-
fects Metronidazol is famous for. Not only are the syner-
gistic effects of consuming both substances unknown and
potentially dangerous, but it would also be extremely
unpalatable and difficult for the ill individual to consume
both remedies.
Quintana Roo, January 1992
I am preparing a series of hands - on activities for the
midwives training program. The participants have from
0 to 27 years of experience attending births, and several
are particularly versed in the use of herbal medicines. The
Spanish nurse who administers their program warns me
before I start: " They have silly beliefs. They think that you
have to tie the umbilical cord around the thigh until the
placenta comes out or else it will be sucked up inside the
body. I keep telling them that it isn't true. These women
don't even know what menstruation is. "
26
Health / PAC Bulletin
Summer 1992
o609 0000000000
000 0
When opposing paradigms meet, both racism and ed-
ucational biases spurt to the surface. The health repercus-
sions are serious: When a provider has destroyed the
people's confidence in her, they may be hesitant to return
to her when a more life threatening -
illness hits.
The concept of scientific
medicine as both technically
and culturally superior
has permeated deep into
the recesses of Guatemalan
culture.
In our work with health promoters, we ask, " Does this
belief system actually cause harm? Is it neutral? Could
there be some indirect benefit that we haven't analyzed
yet? " Sometimes opposing paradigms are complemen-
tary. For example, infection control practices regarding
cutting and care of the umbilical cord, boiling instru-
ments, and the use of herbal antiseptics validate what the
indigenous people already know.
The available remnants of indigenous medicine alone
cannot resolve the deteriorated conditions created by col-
onization. Western medicine cannot address the cultural
and spiritual needs of a community; nor can scientific
medicine deal with the mental health needs that are ad-
dressed by traditional practices and rituals. Moreover,
some psychological difficulties engendered by institu-
tionalized terror, the conditions of war, and the alienation.
of displacement among the refugees go beyond the ability
of either medical paradigm to alleviate.
Portable Survival Skills
The counterinsurgency war has had a distinct effect on
the survival of traditional medical systems. Refugees are
displaced from their sacred land, often separated from
extended family structures, and live in multi ethnic -
com-
munities for the first time in history. A campesina who was
born in the highlands of Huehuetenango may have spent
her life in five entirely disparate geographical and botan-
ical zones. The elders are often left behind when refugees
have to leave the highlands, or they may meet untimely
deaths from malnutrition or political violence, disrupting
essential links in the trail of oral history and essential
knowledge.
Living in continual transit has taught Guatemalans to
acquire portable survival skills and adapt to a multitude
of challenging circumstances. Thus, the traditional, non-
Western modalities that are most likely to be incorporated
include those that are as portable and as easy to take as
the prepackaged Western medicines. The call to reclaim
traditional medicine modalities is fundamentally a re-
quest for more appropriate health technology. Modalities
that may not be indigenous to the Mayans, yet fill these
needs, will be quickly appreciated and adopted. So far,
several health promoters have learned basic acupuncture
methods and shiatsu massage techniques. Naturally, the
herbs that are most commonly found in both Mexico and
Guatemala are the highest priority to teach.
The safest, most effective, economical, and culturally
appropriate therapies must be implemented from the
grassroots, regardless of their origin. A collaborative part-
nership between rural health promoters, community
leaders, enlightened practitioners of scientific medicine,
and practitioners of traditional medicine is the only hope
for developing successful programs that can improve the
quality of life for poor Guatemalans. Y'
As this article goes to press, 1,000 families prepare to return to
Guatemala in January 1993. Refugees have demanded the right
to a voluntary, collective, and organized return as well as
permission to be accompanied by international organizations.
Several delegations are planned for fall and winter 1992-93. For
more information about the imminent return and how you can
support, participate, or accompany refugees in this historic
process, contact Witness for Peace, 2201 P Street, NW, Room
109, Washington, DC 20037, (202) 797-1160, or Peace Bri-
gades International, Box 1233, Harvard Square Station, Cam-
bridge, MA 02238, (617) 491-4226 491-4226.
1. " Reading the Vital Signs: Report of the 1988 Health Delegation to
Guatemala, " Washington, DC: Guatemala Health Rights Support
Project, 1988.
2. Barry, T., Roots of Rebellion, Boston: South End Press, 1987, p. xiv.
3. By the United Nations High Commission on Refugees. Both popular
and official estimates place the number of Guatemalans in Mexico
at close to 200,000. Many have been absorbed into Mexican com-
munities, and a large number reside in Mexico City.
4. Manz, B., Refugees of a Hidden War, State University of New York
Press, 1988, p. 30.
5. Many Mayan Indians prefer the term " invasion " to
the conventional term " conquest, " claiming that
their presence and perserverance today contra-
dicts the notion that they have been conquered.
6. Lomeli, Arturo, " El Nopal: Alimento y Medicina
Maravillosa, " Profile, February 1991.
Summer 1992
Health / PAC Bulletin
27
Women, Work,
and Death
Toxic Work: Women Workers at GTE
Lenkurt, by Steve Fox. Philadelphia:
Temple University Press, 1991.
by Ilene Winkler
WOMEN
women the
the of Fighting Ca.,
TAOGAUINGSHT
honor Riverside
iSnt rNaeiignh boPrist isn
TOXICS
Paul Acid
bDeys iCgonnecde rSnterdin
gfelow
Can
in
28
n 1984, Amy Cordero, an un-
employed 37 year - - old former
I
GTE worker in Albuquerque,
New Mexico, suffering from
ovarian cancer, approached a
lawyer named Josephine Rohr in an
effort to prevent her house from
being seized for payment of her out-
standing hospital bills. During their
initial conversation, Cordero hap-
pened to mention that many of her
former co workers -
at the giant elec-
tronics manufacturer's Lenkurt divi-
sion had also suffered hysterectomies
and cancer. From this conversation
was born a three - year legal fight by
over 200 GTE workers and former
workers mostly Chicanas - to win
compensation for the disabling,
often fatal illnesses they suffered
from on the - - job exposure to toxic
chemicals.
Although Toxic Work began as the
doctoral thesis project of Steve Fox,
who worked on the lawsuits against
GTE, it reads more like a mystery
story horrifying -
, moving, and viv-
idly written. And, like a modern
mystery, it doesn't really have a
happy ending. The struggle finally
resulted in a not particularly gener-
ous out court - of -
settlement with
GTE. Additional product liability
lawsuits were settled with DuPont
and Shell; the suits against Dow
Chemical had not yet been settled
when the book was published. Amy
Cordero and several co workers -
did
not live to see the end of the case.
Wooing GTE
Author Steve Fox traces this
tragic story from the first wooing of
GTE, one of the country's largest elec-
tronics manufacturers, by the Albu-
querque town fathers. At a time
when many other electronics manu-
facturers were abandoning Silicon
Valley, GTE moved its Lenkurt divi-
sion manufacturing operations out
of California in the 1970s and 1980s.
In GTE's case, the move was at least
partly motivated by a desire to es-
cape unionization, as the Interna-
tional Brotherhood of Electrical
Workers (IBEW) had organized the
Silicon Valley plant.
The city of Albuquerque put up
over $ 4 million to build the new
plant, which manufactured and
assembled components used in tele-
phone switching equipment. A " pro-
business " climate was promised.
Health / PAC Bulletin
The city was more concerned with
having the plant conform to local
architectural standards than with
safety conditions; exhaust vents.
were intentionally placed below the
air intake system so they would not
stick up higher than the Spanish-
style roof shingles.
The Lenkurt workers were drawn
from the ranks of the unemployed
and underemployed. The plant
work force was 95 percent women
and over 75 percent people of color,
mostly Chicanas. However, GTE was
in for a surprise. In response to the
company's authoritarian style of
management, the workers quickly
responded to IBEW's organizing ef-
forts. Despite GTE's attempts at in-
timidation, the National Labor
Relations Board forced the company
to recognize and bargain with the
union, and a first contract was signed
in 1975. Labor relations remained
stormy, with major work stoppages
and strikes in 1978 and 1979. By 1982,
GTE had begun moving much of the
assembly work to a new plant in
Juarez, Mexico.
Chemicals'Can Cause Death '
From the beginning, the women
complained about safety conditions.
Toxic Work quotes extensively from
the workers'own descriptions of the
filthy conditions, open vats of chem-
icals some labeled " Can Cause
Death " -and horrifying disregard
of safety procedures. Some of the
most severe illnesses, for example,
came from working with an ex-
tremely quick drying -
epoxy called
Lencast that had been invented by
GTE engineers; it was made by com-
bining resin and hardener from two
different manufacturers, in direct viola-
tion of the written warnings from both
companies, and then heating the toxic
mixture.
The workers describe how their
miserable working conditions, stress,
deteriorating health, and family.
pressures all combined. Women tell
of constant illnesses ranging from
flu to dizziness, of forgetting things
and bizarre behavior at home, and of
humiliations such as having to wear
adult Pampers to work because they
were unable to leave the production
line to take care of the excessively
heavy menstrual bleeding many
experienced.
Grievances by the union and com-
Summer 1992
plaints to the government provided
almost no relief. The Occupational
Safety and Health Administration
(OSHA) informed the workers that
they would have to notify GTE in
advance of an inspection; one
worker was ordered to change labels
on barrels of chemicals because
OSHA was coming. An OSHA in-
spector who actually found serious
violations ended up being hired as
the plant safety officer a month later
in return for not reporting his find-
ings.
At the time these lawsuits began,
workers compensation cases in New
Mexico were handled by the courts,
rather than a compensation board.
Much of Toxic Work is about Jose-
phine Rohr, the lawyer who filed the
lawsuits against GTE. A political ref-
ugee from the Dominican Republic
who had lost a child to cancer, she
was able to understand and commu-
Toxics A to Z: A Guide to Everyday
Pollution Hazards, by John Harte,
Cheryl Holdren, Richard Schnei-
der, and Christine Shirley. Berke-
ley: University of California Press,
1991.
Toxics A to Z is an excellent res-
ource a comprehensive encyclo-
pedia of the dangers we face from
toxic chemicals and pollution. Al-
though nearly 500 pages long, the
book is well organized and written
for non scientists -.
Toxics A to Z is really two books
in one. The first half contains chap-
ters explaining how to evaluate
hazards, how they affect the body
and the environment, and major
sources of pollution, such as air,
water, and pesticides. There is a
chapter on existing and proposed
laws regulating toxics, and many
useful suggestions on actions indi-
viduals and communities can take
to limit exposure to pollution. The
second half is a reference guide to
over 100 individual toxic sub-
stances ranging from asbestos to
PCBs to noise. Each is described in
detail according to the categories of
physical and chemical properties,
exposure and distribution, health
and environmental effects, protec-
Summer 1992
nicate well with the Lenkurt work-
ers. She worked without pay for
years and even mortgaged her home
twice to continue the cases. With
only two years'experience as a law-
yer, she began with nothing but the
names of Amy Cordero's co work- -
ers and almost singlehandedly put
together all the cases against GTE.
Apparently the IBEW played no
role in the lawsuits, for reasons
that are not explained. Rohr was
able to get help from health and
safety activists from Silicon Valley
and other areas, but the odds were
overwhelming. Eventually she was
able to win an court out - of -
settle-
ment, but it was far less than the
workers deserved.
How the Systems Failed
Women's health activists will es-
pecially appreciate Fox's descrip-
tions of how the medical and
tion and prevention, regulatory
status, and technical information.
One criticism: because Toxics A
to Z is written primarily for people
concerned with pollution in the
home and the environment, it often
does not put enough emphasis on
the workplace as a source of dam-
age to health. Many of the entries
on individual substances do in-
clude substantial information about
workplace exposures. But in the
first half of the book, for example,
there is an entire chapter on radia-
tion that does not even mention
health workers. It's as if the authors
can't quite conceptualize that the
reader concerned about clean
water at home might also be a den-
tal technician worried about over-
exposure to x rays - at work.
In their discussion of the Occu-
pational Safety and Health Admin-
istration and right know - to -
laws,
the authors say that the labor
movement isn't strong enough by
itself to control pollution. In the
1990s, no one could argue with that
observation! But it is still essential
to understand that " consumers "
and " workers " are often the same
people and that environmental
groups need to be more sensitive to
workers'concerns. -I.W.
Health / PAC Bulletin
workers'compensation systems
failed the Lenkurt workers. Many
women, especially the large number
with uncontrollable menstrual
bleeding who eventually underwent
hysterectomies, did not connect
their disabilities with work or realize
how many other women were suf-
fering from similar problems. Many
went from doctor to doctor with mul-
tiple problems, including cancer, that
the doctors never connected with
occupational exposure, so that the
women never even applied for com-
pensation. Even when their illnesses.
were considered job related - much
more difficult to prove than with an
injury - the rate of compensation
did not allow the women to stop
working, and GTE refused to find
them safer work elsewhere in the
plant. Moreover, although workers
compensation might pay for a hys-
terectomy if it were proven to be
work related, the loss of the ability to
have children does not affect job per-
formance, so it is not " compensa-
ble. "
In addition, Fox makes an import-
ant point about strategy. Because the
lawsuit was ultimately settled out of
court, GTE insisted that the terms of
the settlement be secret. This means
that no testimony or expert findings
from this case can be used to help
workers in similar situations, and, in
fact, Fox says that his book will be
the only record of the lawsuit. The
GTE workers had little choice in ac-
cepting the company's terms. But in
the absence of effective government
regulation or strong unions, the
growing number of secret out - of-
court settlements of occupational
health cases is severely retarding the
ability of workers to pursue future
claims.
Fox succeeds admirably in allow-
ing the GTE Lenkurt workers to tell
their stories. But beyond that, he
draws out the lessons of the strug-
gle the - greed of the company, the
failures of the doctors and the court
system, the incredible amount of
hard work that goes into such a court
case, and, most important, the need
for effective government regulation
of toxic exposures and workplace
health and safety.
Ilene Winkler is a telephone worker and
union steward with Local 1101 of the
Communications Workers of America.
29
Occupational and
Environmental Health
Tragic Fires Spark OSHA
Reform Efforts
David Kotelchuck
fter 25 of their col-
leagues lost their lives
A
in the deadly fire at the
Hamlet, North Caro-
lina, poultry plant, the
surviving workers have now lost
their jobs. The owner, Imperial Food
Products Company, has announced
that the plant is not being reopened
but will be shut down permanently.
This is the social equivalent of hit-
and - run driving - drive the workers
mercilessly, then, after a disaster,
run away! Socially and morally, this
company decision is a crime, but le-
gally it may not be.
There is hope, however, that this
incident will spark legislation that
may prevent such tragedies in the
future. Fury at the unnecessary
deaths has lit a prairie fire across the
country for reform of the Occupa-
tional Safety and Health Act
(OSHA).
For 20 years, workers and occu-
pational health activists have been
frustrated with the cumbersome
OSHA law and its biases, both the
implicit and the explicit, in favor of
employers. During the last ten years
under the Reagan and Bush admin-
istrations, OSHA has largely become
a dead four letters, and many work-
ers have simply given up on it.
Then, a few years ago, many U.S.
unions decided it was time to fight
back, and their health and safety
staffs began drafting an OSHA re-
form bill. This bill, the Comprehen-
sive Occupational Safety and Health
Reform Act (COSHRA) was intro-
duced in both houses of Congress on
August 1, 1991, with the endorse-
ment of the national AFL - CIO.
The effort to pass such a major
piece of legislation often takes sev-
eral years, so unions and their allies
began gearing up for a long legisla-
Origin of fire
Doter
Earl
A poultry worker who survived the fire testifies before the House Labor
Committee. Will the tragedy lead to reform?
30
Health / PAC Bulletin.
tive battle. Then, in early September,
after the Hamlet, North Carolina,
poultry plant fire, the American peo-
ple got angry - angry at North Car-
olina state OSHA for doing such a
poor job of protecting its workers
and angry at federal OSHA for let-
ting this disaster take place.
Suddenly, lots of expected oppo-
sition from Southern Democrats and
Republicans has melted away. Re-
publican Governor Martin of North
Carolina, formerly a right wing -,
anti labor -
congressman, has an-
nounced that he now supports the
reform bill. Anti labor -
congresspeo-
ple are on the defensive, and the re-
form bill is on a fast legislative track.
It is awaiting floor action in the
House of Representatives, and sup-
porters of the bill hope to have it
passed there in the fall. The Senate
vote is expected at a later time.
The House bill (H.R. 3160) was
introduced by Rep. William Ford
(Dem.) of Michigan and 18 other
representatives, and the Senate bill
(S. 1622) by Senators Edward Ken-
nedy (Dem.) of Massachusetts and
Howard Metzenbaum (Dem.) of
Ohio. The two bills are nearly iden-
tical. A description of some of their
basic provisions follows.
Workplace safety and health pro-
grams. At present, employers are re-
quired to comply with all OSHA
standards and to provide a work-
place " free from recognized haz-
ards. " But they are not required to
have an overall safety and health
plan for the plant or company - that
is, to have an affirmative, proactive
program to protect workers'safety
and health. If the plant is free of vio-
lations, then the employer is not re-
quired under OSHA to do anything
more, even if improvements could
be made relatively easily that would
significantly protect workers '
health.
The OSHA reform bill requires
just such a health and safety plan,
which must be in writing, and it de-
scribes procedures for identifying
and correcting hazards and investi-
gating accidents. The plan must in-
clude training for workers about
plant hazards, to be held on com-
pany time with no loss of pay. Re-
fresher training must be provided
annually.
The right to refuse to work. At pres-
ent, workers are supposed to be pro-
Summer 1992
tected from discrimination if they
complain about unsafe conditions.
But they only have 30 days to file a
complaint of discrimination, and
such cases may then take many
months to resolve. The OSHA re-
form bill gives workers six months
to file a complaint and speeds up
settlement of such cases. More im-
portant, the bill specifically gives
workers the right to refuse unsafe
work if the job threatens serious in-
jury and if the employer has been
notified but has not yet taken correc-
tive action.
Fines and criminal penalties. The re-
form bill would allow OSHA to im-
pose increased fines. For the first
time, employers would also face stiff
jail sentences of up to five years for
willful violations of standards that
result in death or serious injury (and
up to ten years if this is a second
conviction). To date, no employer
has ever gone to jail for violation of
the federal OSHA law, and under
current law employers face senten-
ces of at most one year in jail.
Health and safety committees. All
workplaces with 11 or more employ-
ees would be required to have a
health and safety committee, with
equal numbers of worker and man-
agement representatives. Such com-
mittees would be strictly advi-
sory management would still be le-
gally responsible under law for
health and safety conditions in the
plant. Unions like the United Electri-
cal Workers, which have tradition-
ally opposed joint labor manage- -
ment committees, would still keep
their union health and safety com-
mittees, and these committee mem-
bers would bargain across the table
with management, as they do about
other issues and during negotiations.
In unionized plants, union locals
will select their representatives. In
non union -
plants, workers would
vote for their committee representa-
tives.
All workers covered. At present,
state and local workers, including
police and fire officers, are not pro-
tected by federal OSHA. Also, in in-
dustries regulated by their own
often inadequate laws and federal
agencies, workers such as transpor-
tation, nuclear, and longshore work-
ers are exempt from coverage. Un-
der the new bill, all public and pri-
vate workers are covered by OSHA.
Summer 1992
OSHA can relinquish its author-
ity to other agencies only if it first
determines that they provide ade-
quate protection. This represents a
major loophole in protection, of
course, since, for example, at present
federal OSHA can and has relin-
quished authority to inadequate
state OSHA plans, such as that in
North Carolina. However, this pro-
vision would give us a basis to orga-
nize politically for stronger pro-
tection as has been done most re-
cently (and sadly) after the fact of 25
deaths in the case of North Carolina.
There are many provisions in this
reform bill that can help protect
workers'health and safety. There
can be no more fitting memorial to
the dead workers in North Carolina
and elsewhere over the years than
the passage of a bill to protect the
health and lives of fellow workers
today and in the future. 0
David Kotelchuck, a member of the
Health / PAC board, is director of the
graduate Environmental and Occupa-
tional Health Sciences Program at
Hunter College of the City University of
New York. This column is adapted from
a recent article in UE News.
Peer Review
(2011
Not for Healthy People
Every evening during news-
hour there is a barrage of ads for
over counter - the - drugs claiming
cures for things most human bod-
ies do naturally such as sleep and
go to the bathroom. This is the
money side of medicine. It is an-
noying but at least obvious. More
subtle and disturbing is the hidden,
quiet side of money in medicine
diluting pure research and putting
human beings in danger. This is the
case in the new study that places
healthy women on the drug tam-
oxifen as a preventative for breast
cancer.
Every news show from Boston
local to the national network news
carried a basically one sided -
story
about the new drug study, show-
Health / PAC Bulletin
ing tamoxifen in a wholly positive
light and condoning the concept of
the study.
Tamoxifen is not a drug for
healthy people. It has been success-
ful in preventing recurrence in ad-
juvant breast cancer patients.
Those patients studied had a seri-
ous illness for which tamoxifen
was part of the treatment. Side ef-
fects experienced were a trade off
for a chance of continuing life.
However, to subject healthy wo-
men to any side effects seems con-
trary to medicine.
How can results be measured
here? Someone needs to look at the
whole story.
ELLEN TUCKER
Brattleboro, VT
31
Vital Signs
70%
OF WOMEN WHO
GET BREAST
CANCER HAVE
NO FAMILY
HISTORY OF IT!
DYING
FOR
Visuals
Impact /Huhries
Marilyn
32
Women, Breast Cancer,
and the Environment
As the number of women killed
by breast cancer in the United States
surges another 2 percent each year,
reaching almost 50,000 in 1992, due
attention has not been given the role
of the environment in the epidemic,
even with the recent surge of press
and medical concern about the dis-
ease. In fact, the causes of breast can-
cer are overwhelmingly environ-
mental. The logic behind the envi-
ronmental connection is easy to fol-
low: The supposedly unexplained
rise of breast cancer is actually due,
at least in part, to women's increas-
ing use of toxic products, work in
hazardous environments, and lives
amidst chemical refuse that has
mounted since the industrial revolu-
tion.
This is not to say that factors other
than the environment do not have a
role in the development of breast
cancer. Many such risk factors have
been identified, among them being
relatively young at the onset of men-
struation or old upon having a full-
term pregnancy or reaching meno-
pause; having a first blood relative
with the disease; being Jewish; and
being of relatively high socioeco-
nomic status. However, 70 to 80 per-
cent of breast cancer patients do not
have any of these risk factors.
There is overwhelming evidence
linking the dramatic rise in numbers
of women who develop breast can-
cer from one in 20 women in 1960
to one in nine today, which comes
out to over 180,000 women in the
United States in 1992 alone - to dy-
namic environmental factors such as
living and working conditions, ex-
posure to radiation, place of resi-
dence, and pollutants that we eat,
drink, and breath. Cancer rates have
been shown to alter radically in pop-
ulations that migrate to new places.
Also, as in Israel, breast cancer inci-
dence has been shown to drop dra-
matically as a result of banning the
use of three pesticides. And, of
course, the links of certain types of
cancer to specific carcinogens have
been publicly acknowledged (lung
cancer to smoking and cancers of the
lung and colon to asbestos are prime
examples). Based on such evidence,
Dr. Louise Brinton, Chief of the En-
vironmental Studies Section of the
Health / PAC Bulletin
National Cancer Institute (NCI) esti-
mates that 60 percent of breast can-
cers are environmentally caused,
and even " conservative " scientists
estimate that environmental factors
are responsible for 80 percent of all
cancers.
Yet many possible causal factors
for breast cancer are barely explored,
including the effects of widespread
use of birth control pills and hor-
mone replacement therapy; the
presence of fat soluble -
chemical res-
idues from PCBs and pesticides such
as DDT in breasts (there has been
some discussion of the toxic effects
of these chemical residues on in-
fants); exposure to radiation (from
nuclear weapons testing, emissions
from nuclear power plants, and even
mammography); and the pervasive
presence of estrogen in cattle feed,
with its residues in meat, to name
just a few.
Little progress has been made on
the prevention of breast cancer in
general. At NCI, a division of the
National Institute of Health, only
$ 11 million of the $ 92.7 million allo-
cated for breast cancer research in
1991 was for primary prevention-
and NCI's " prevention " strategy in-
cludes the controversial Breast
Cancer Prevention Trial, in which
healthy women at risk for breast
cancer will be given tamoxifen, a
drug known to cause liver changes
and increase women's risk for endo-
metrial cancer. Research on preven-
tion with a focus on environmental
pollutants has not even begun. Dr.
Brinton cites the difficulty of pin-
ning down environmental factors
outside of diet and working condi-
tions, both of which are only now
beginning to be explored. NCI is un-
dertaking a Dietary Prevention of
Breast Cancer Study as well as an
evaluation of the role of exposure to
radiation on the job in the develop-
ment of breast cancer in female ra-
diological technologists. Until the
role of these and other factors that
are easier to identify and rule out are
studied, she says, more pervasive
environmental factors will be hard
to isolate and confront.
In the meantime, what of the New
York State study conducted since
1989 that found breast cancer rates in
parts of Long Island 16 percent
above the national average? Con-
gress has approved funding for a
Summer 1992
follow - up study to be conducted by
either NCI or the Centers for Disease
Control (CDC) to determine why the
incidence is so high. Perhaps, as par-
ticipants in a recent public hearing
boldly suggested, it is related to en-
vironmental conditions such as
landfill contamination and drinking
water contamination! A representa-
tive of the CDC went so far as to call
such assertions compelling - but,
she went on to say, the federal gov-
ernment could not help " until fur-
ther study. "
Sources of Exposure
ISSIONS
WATER
FUEL
TRANSPORT
NUCLEAR A
Power
FLANT
DEPOSITS
TO GROUND
DIRECT
-
-
IRRADIATION
WORKER
EXPOSURE
DIRECT
BC2E
FOOD CROPS
he aoekafite,
EXPOSURE TC
-_
DEPOSITED DEPOSITED MATERIALS DEPOSITED
DRINKING Water
a
eee
SHORELINE SHORELINE,
EXPOSURE
INGESTION
MILK
SWIMMING
AND SPORTS
Nati
EATING SEAFOOD
Susan
UPTAKE BY
EATING
AQUATIC FOOD
eee OP.
Even if further attempts to study
the causes of breast and other can-
cers are in the works, the obstacles to
changing industrial practices should
be examined as well. As Rita Arditti
and Tatiana Schreiber reported in
Resist Newsletter, in 1988, 32.7 per-
cent of the board of Memorial Sloan
Kettering Cancer Center were tied to
the oil, chemical, or automobile in-
dustries; Armand Hammer, chair-
man of the President's Cancer Panel
throughout most of the 1980s was at
the same time head of the Occidental
Corporation, which was implicated
in the Love Canal disaster. Perhaps
we should suspend production of
cars and plastics and chemicals until
corporate executives and the medi-
cal establishment can prove there is
no connection between their by-
products and cancer, rather than
holding up prevention efforts until
that connection is irrefutably dem-
onstrated.
-Sharon Lerner
Summer 1992
Veto Sets Back Women's
Health Research
Buried in the controversy in Con-
gress over ending the Bush
administration's ban on federal fund-
ing of fetal tissue research, the
Women's Health Equity Act (WHEA)
is languishing. Actually a collection of
22 separate legislative proposals de-
signed to promote research on
women's health issues, major items
from WHEA were included in the bill
reauthorizing spending for the Na-
tional Insitututes of Health (NIH),
which President Bush vetoed because
of the action on fetal tissue. The im-
portant question of whether life sav- -
ing medical research on treatment of
conditions such as Parkinson's dis-
ease and Alzheimer's disease using
aborted fetal tissue would encourage
women to have more abortions (see
" An Issue of Tissue, " Vital Signs,
Summer 1989) overshadowed this po-
tentially significant action for wo-
men's health.
Women, of course, make up over
50 percent of the population, but
only 13 percent of the budget of
NIH, the major source of funding for
health research in the country, is di-
rected toward women's health is-
sues. This might not be noteworthy
if studies of diseases in the general
population applied equally to wo-
men. Even putting aside largely gen-
der specific -
conditions such as
breast and cervical cancer, however,
there are often significant differ-
ences in the ways men and women
experience the same diseases or re-
spond to specific treatments, as well
as in the incidences of illness.
HIV infection is a current case in
point in which symptoms differ
among men and women, yet women
have routinely been excluded from
clinical trials of AIDS treatments as
well as from the very definition of
AIDS. Similarly, although heart dis-
ease is the number one killer of
women, and, in fact, women who
suffer a heart attack are more likely
than men to die, none were included
in two major studies of heart disease
that enrolled over 37,000 men. There
is a comparable lack of research on
health conditions affecting black
people and other minority groups.
Spurred by a 1985 Public Health
Service study finding that women
were not receiving equal health care,
Health / PAC Bulletin
NIH initiated a policy to promote
the inclusion of women, as well as
minorities, in all clinical research. In
1990, however, the General Ac-
counting Office found that the pol-
icy was not being consistently or
fully implemented or monitored.
In response, Rep. Patricia Schroe-
der and Sen. Olympia Snowe, co-
chairs of the Congressional Caucus
for Women's Issues, introduced the
Women's Health Equity Act. At the
same time, then acting director of
NIH, Dr. Bernadine Healy, created
the Office of Research on Women's
Health (ORWH). The current legis-
lation would have permanently au-
thorized the office which, in its
present form, exists at the discretion
of the NIH director, and would have
codified the policy on including
women and minorities in research.
The office would continue its pres-
ent functions of overseeing and mon-
itoring research on women's and
minority health at NIH, including
identifying research needs, supple-
menting funding and coordinating re-
search among the health institutes. In
addition, OWHR would be charged
with establishing data banks on
women's health and gender differ-
ences, creating a program for obstet-
rical and gynecological research at
NIH, and working to increase the
number of women scientists in high-
level positions. In addition to ad-
dressing issues of equity in research,
the legislation in the NIH bill would
have authorized a total of $ 460 mil-
lion for research on breast cancer,
ovarian cancer, osteoporosis, and
contraception and infertility.
In the two years of its existence,
ORWH has already achieved a sig-
nificant increase in funding for
women's health research, particu-
larly breast and ovarian cancer, and
has established centers for research
on contraception and infertility. The
office is also coodinating, along with
the Office of Disease Prevention, the
Women's Health Initiative, a major
NIH study of the prevention of
chronic diseases - heart disease,
cancer, and osteoporosis - affecting
women over the age of 45. A special
attempt will be made to include
women from minority groups in the
research.
As Cindy Pearson of the National
Women's Health Network points out,
even if these provisions of WHEA are
33
enacted in a subsequent form, it
" would only be a symbolic victory "
if Congress does not allocate the funds
to implement them. Moreover, she
noted that in the political climate of
Congress, the Caucus for Women's
Issues sidestepped the most contro-
versial issues affecting women's
health, such as abortion or, indeed,
national health care itself. It is some-
what ironic, therefore, that the im-
portant but less politically charged
provisions of WHEA are being de-
railed by the abortion - related fetal
tissue issue.
-Ellen Bilofsky
For a summary of the provisions,
contact the Congressional Caucus for
Women's Issues, 2471 Rayburn Build-
ing, Washington, DC 20515, (202) 225-
6740.
A Change for Needle
Exchange
The HIV prevention -
strategy of
needle exchange - in which injec-
tion drug users turn in their used
needles and syringes in exchange for
new ones (see " Casualties of War:
Fighting the Health Consequences
of Drug Policy, " Fall 1990 issue) -is
finally gaining legitimacy among
public, private, and community-
based agencies in New York. On May
13, the New York State Department
of Health filed landmark emergency
regulations that will allow not for- -
profit organizations to legally oper-
ate needle exchange programs.
The new regulations in effect de-
criminalize the activity of needle ex-
change and become part of what is
often referred to as New York State's
needle possession law. This statute
requires individuals to have a doc-
tor's prescription in order to possess,
use, or buy hypodermic equipment,
but Acting State Health Commissioner
Lorna McBarnette has the power to
exempt certain persons or classes of
people. Thus, although the needle
possession law is still on the books,
the new regulations will allow indi-
viduals who are enrolled in author-
ized needle exchange programs to
possess needles and syringes with-
out a doctor's prescription. Any not-
for profit -
organization can apply to
the state health commissioner for au-
thorization to become a needle ex-
change site.
On the same day that the regula-
34
Visuals
Impact /Clear
Alan
New York's Lower East Side needle exchange program, before legalization.
tions were filed, the American Foun-
dation for AIDS Research (AmFAR)
announced that it was awarding
nearly $ 300,000 in grants to five nee-
dle exchange programs across the
country, two of which - the Lower
East Side Needle Exchange Program
and the Bronx Harlem -
Needle Ex-
change Program - are in New York
City. These two programs have been
operating illegally over the past 21/2
years, supported by funding from
ACT UP and operated completely
by volunteers. Other AmFAR grants
will go to the Drug Policy Founda-
tion, a Washington, DC, group, to
implement a needle exchange pro-
gram in Chicago; the Boulder (Colo-
rado) County Health Department to
evaluate needle exchange programs
in more rural areas; and the San Fran-
cisco Department of Public Health for
medical services and HIV testing
and counseling to be attached to the
underground needle exchange pro-
gram operated by Project Point.
The New York City programs
hoped to begin expanding their cur-
rent efforts as early as July 1. The
New York State AIDS Institute is con-
tributing an additional $ 450,000 in
state funds to the two programs. The
commitment of the New York City
Department of Health to the pro-
gram's success represents a reversal
of the long held - opposition to needle
exchange of Mayor David Dinkins,
who had closed an earlier city - run
program.
AIDS activists have long cited New
York State's needle possession law
as a major factor contributing to HIV
transmission among injection drug
users in New York City. The pre-
scription requirement prevents most
drug injectors from easily obtaining
injection equipment, forcing them to
share the scarce equipment that is
available on the black market. Only
ten states have needle possession laws
with prescription requirements. At the
same time that New York filed its
new regulation, Connecticut became
the first state to repeal its needle pos-
session statute.
Although the new regulations will
increase the number of injection drug
users who will be able to have legal
access to needles and syringes, many
AIDS activists feel the regulations
fall far short of having a significant
impact on total HIV transmission among
drug injectors in New York State. Injec-
tion drug users in areas without au-
thorized needle exchange programs
will still be unable to obtain injection
equipment legally and will still be
subject to arrest and prosecution for
illegal possession of equipment. In
cities such as New York, which has an
estimated 200,000 drug injectors, the
number of individuals who need ac-
cess to sterile needles and syringes
on a regular basis will still far out-
number the ability or resources of
agencies to provide it. Y'
-Rod Sorge
The author has been one of the coordina-
tors of the ACT UP needle exchange pro-
grams and will be program director of the
Health / PAC Bulletin
Summer 1992
Editorial, continued from p 5.
of the fetus over the needs and rights of the mother, and
the denial of drug treatment to pregnant women. The
" gag rule, " which prohibits dissemination of information
about abortion to women using facilities receiving federal
Title X family planning funds, alone affects 3.7 million
women, one third -
of whom are women of color.
The health care system, then, is where women's pov-
erty and their vulnerability to attack interesect. It has
become the battleground where these attacks on women-
primarily poor, primarily women of color - are fought.
As Jacqueline Berrien and Loretta Ross show (see " When
Pregnancy is a Crime " and " In Pursuit of Perfect Choice ")
it both criminalizes and capitalizes on women's economic
desperation: pregnant drug users are prosecuted, while
surrogate mothers are paid to be pregnant.
In the poverty and desperation of their lives, many
poor women find it virtually impossible to avoid un-
wanted pregnancy or to obtain abortion, to get screened
for early disease, and not to fall into such hopelessness
that substance abuse is the sequelae. Women are twice as
likely as men to suffer from depression, and an unbeliev-
able number are battered as daughters, wives and part-
ners, and mothers (37 percent of women experience
significant physical or sexual abuse before age 21; one in
every three murdered women are killed by their husband
or partner). The health care system not only fails to ade-
quately address these problems, but is complicit in women's
further victimization, as LaRay Brown's description in
" Women and Children Last " of the obstacles pregnant
drug users face in getting treatment so poignantly illustrates.
The complicity of the health care system in women's
victimization can be seen on many fronts. Although women
visit medical offices 25 percent more often than men and
are more likely to undergo surgery and hospitalization,
research on their health needs is sorely lacking. Although
heart disease is the greatest cause of death for women in
this country, the major studies of heart disease have been
done solely on men (see " Veto Sets Back Women's Health
Research, " Vital Signs p. 33). The clinical manifestations of
AIDS in women, the fastest growing -
population in the
AIDS epidemic, remain largely unacknowledged, and
The Decision that Pleased No One, continued from p. 3
interest " from the outset of the pregnancy in protecting
the health of the woman and the life of the fetus that
may become a child. " This sounds suspiciously like the
basis for the incarceration of pregnant women on the
grounds of harming their fetuses that Jacqueline
Berrien discusses in this issue. Roe itself was not a
guarantee of women's freedom, but a means to keep
that freedom under control.
The focus now shifts to Congress, where the Free-
dom of Choice Act, which attempts to codify Roe v.
Wade, is being considered in both houses. The pro-
posed act has already been watered down by the inclu-
sion of a parental notification clause and other
qualifications in an attempt to secure its passage.
In trying to prove that it is above political pressure,
the Court has demonstrated that political pressure
matters. We must keep the heat on. -Ellen Bilofsky
women are still essentially excluded from clinical re-
search trials that are often the only sources of treatment
as well as knowledge about treatment.
Attempts to keep women from maintaining control of
their own reproductive health take the form of institu-
tional neglect as well as violent attacks. Women attempt-
ing to exercise their right to abortion meet highly
organized and violent protests. Yet, as noted, government
budget priorities ignore women's reproductive needs.
The annual budget for contraceptive research is equal to
what the Defense Department spends in 15 minutes. The
only new form of contraception marketed in this country
in 25 years, Norplant, is an implanted device that is totally
under the control of a physician. The retrenchment in care
for women's reproductive health under federal mandate,
the loss of physicians willing to perform abortion, the
" gag rule " on abortion referral, the prosecution of preg-
nant drug and alcohol users, and the abandonment of
HIV positive -
women together show not only an emerging
medical neglect but also an ambivalent and hostile atmo-
sphere even for women who do have access to the health
care system.
In the articles in this issue of the Bulletin, most of which
are based on Health / PAC's panel on Women and Health
at the American Public Health Association meeting in
Atlanta last November, we try to point to the some of
structures of the health care system that do as much to
victimize women as to help them. Each of the authors
details not only a lack of access to the health care system
but outrageous institutional strategies either designed
with disregard for women's particular needs or to entrap
and punish them. As Mary Ellen Hombs of the National
Housing Law Project has pointed out, in times of social
change there is the possibility of altering institutions or of
altering individuals. In the reactionary eighties and nine-
ties, America has opted for altering individuals - primar-
ily women.
With more than 25 proposals for reform of the health
care system before Congress, there is virtually no discus-
sion of the discrimination against women and people of
color that structures the American health care delivery
system. We are unlikely to see any substantial health care
reform in this election year. And we should be ever mind-
ful that even " universal health care " as it has been formu-
lated so far, even in the most progressive proposals, does
not sufficiently address the need for changes in health
care delivery for women.
Giving women access to a system that they haven't
defined and that ignores their needs is not enough. Women
need more than access to health care that is ambivalent
toward them. They need more than financial coverage for
treatment in a system that cannot acknowledge diseases
and clinical conditions unique to women. They need more
than health care that is hospital based when their lives.
necessitate that they be at home or at work. Women need
a true set of alternatives to the American way of health
care. And women must design that agenda or be shut out
of health care by institutional structures that do not ade-
quately acknowledge them as patients, as citizens, as
human beings.
-Nancy McKenzie
-Ellen Bilofsky
-Sharon Lerner
Summer 1992
Health / PAC Bulletin
35
HEALTH / PAC BULLETIN
A - 4, Num147
The
Crisis
Spreads
HEALTH / PAC BULLETIN
Covering the Crisis in Health Care... and Beyond
The Health / PAC Bulletin, the nation's longest publishing -
progres-
sive health policy journal, has been in the forefront of health rights
ty,
advocacy for nearly 25 years. Our demand is simple - decent, acces-
49
sible health care for all but - our analysis of the health care crisis is
thorough and in depth.
Emergency
Room
Gridlock, page 5
S
Georgia's Crisis, page 9
Published by the Health Policy Advisory Center, a profit non -
,
public interest -
membership organization, the Bulletin looks beyond
stop - gap measures to the heart of the health care crisis. Recent issues, for example, have
examined the gaping holes in the health care safety net that threaten the very survival of
large and growing segments of the population, especially the poor and people of color.
But, the Health / PAC Bulletin also goes beyond this analysis to
explore progressive solutions to the health care crisis that could make | HEa AL
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