Reproductive behavior and decision-making of drug additive women

• Main Authors: LIU, CHIH-MIN, 劉志明
• Other Authors: JOU, SU-SYAN
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/53841750992087595368

碩士 === 國立臺北大學 === 犯罪學研究所 === 105 === Currently, drug-related offenders are the largest single group among criminals known to the police. Especially the female users of first-class drug (i.e. heroin ) have rather complicated relationships and often multiple sexual partners. Based on Article 11 of the Taiwanese Penalty Code, Article 114 of the Criminal Procedure Code and Article 21 of the Administrative Enforcement Act, women who are pregnant for more than five months or are within two months of having given birth cannot be imprisoned or detented . The study noticed that these women seemly tend to use pregnancy to avoid prosecution and imprisonment. Thus, the present study seeks to discover whether or not these women are using this legal loopholes to avoid their legal constrained by continuously getting themselves pregnant. In addition, the study argues that the continual pregnancy among female drug-abusers has inflicted with infants’ rights for development. Children rights versus women’s rights to control their own bodies has yet to clarify how we can be mindful of the rule of law and policy implementation while also ensuring social welfare policies are just and fair. This study interviewed seven incarcerated 20-45 year-old female drug-offenders, three incarcerated female non-drug offenders and seven correctional staff to better understand the phenomenon of pregnancy among female drug offenders and their decision making. The analysis revealed the decision-making process of pregnancy for these women are (1) to gain monetary subsidize from the government, (2) to make the prison life easier by getting more privileges with their babies (i.e. hot water, own bed, less factory work), and (3) to obtain free nutrition products and baby materials from prisons and charity groups . The interviewees also revealed that they usually don’t know how they became pregnant but they do, they tend to keep the babies regardless of baby’s upbringing and future welfare. In other words, on surface, these women might look like they made the decision by themselves, but they actually do not have the capacity to make such decision. Taking the angles from non-drug female offenders and prison staff, they also perceived these pregnancy of drug offenders using babies as a tool to get materials goods and to their “pathway to freedom”. In conclude, the study argues that the ability of female drug-offenders to make decisions with regards to their reproductive behavior is questionable. There is also side effects of pregnancy subsidize policies to encourage these women having babies without considering children’s long term welfare. Continual pregnancy is also a pathway for them to freedom. This study recommends to revise the Eugenic Health Law to relax abortion policy for at risk women as such, to revise the above legal codes to discourage these women taking advantages and to establish relevant administrative resources to screen those mental and physical wellbeing of pregnant female prisoners and develop early interventions to send these babies to temporary adopted family instead of raising them in prison with the mothers. A proper social welfare benefits is to be developed to monitor these mothers and children’s health, quality of life and continual pregnancy after releasing from prisons. Key words: female drug offenders, reproductive behavior, pregnancy decision-making, women with babies in prisons