SHIFTING OUR FOCUS FROM RETRIBUTION TO SOCIAL JUSTICE: AN ALTERNATIVE VISION FOR THE TREATMENT OF PREGNANT WOMEN WHO HARM THEIR FETUSES

This article argues that a public health response to the behaviors of pregnant women that potentially harm their fetuses is superior, in three ways, to our current preference for punishment. First, the public health’s pragmatic emphasis on harm prevention properly focuses attention the problem of poor health among poor women and women of color who are of child bearing age. Second, public health’s pragmatic emphasis on harm reduction appropriately focuses attention the problem of poor fetal and neonatal health. Finally, by its emphasis on social justice, the public health model encourages policy makers to focus on ensuring that pregnant women have access to a sufficient number of meaningful options.