Running Head: FORMATION OF POLICY ALTERNATIVE PAPER

Formation of Policy Alternative Paper

Shena Poma
Wayne State University
SW 4710
November 16th 2014

Formation of Policy Alternative Paper

The Freedom of Choice Act (FOCA) focuses on the enactment of outlining the guidelines
regarding a controversial issue, abortion. Roe vs. Wade was a monumental Supreme Court case decision
that occurred in 1973. This federal decision ensured that woman would not be stripped of their right to
choose whether or not an abortion is the appropriate choice for the woman personally. Although the
federal law legalized abortion, various states have restricted the access of abortions and include various
other restrictions that make receiving the procedure quite a challenge. The Freedom of Choice Act is
sometimes referred to as codifying Roe Vs Wade, and the National Right to Life America renamed it
Abortion without Limits until Birth Act (NRLC, 2014). The Freedom of Choice Act protects women
from ever experiencing a complete ban of abortion, regardless of the circumstances (Guttmacher
Institute, 2014). Due to states finding more and more wiggle room in the federal abortion law, prochoice supporters and organizations have felt an immense amount of pressure to confront this issue.
The pro-choice supporters were determined to implement a safety net in case the federal abortion laws
dictated after Roe vs Wade were to be overruled and dissipate completely. The concern for federal
protection in the event the Supreme Court were to overturn the federal abortion laws lead to the
introduction of the Freedom of Choice Act (FOCA) (Law Students For Reproductive Justice, 2008).
Planned Parenthood made this statement recently which briefly sums up the reasoning behind the
importance of developing reinforced abortion policies as soon as possible:
Access to abortion is legal, constitutionally protected, and consistently supported by a majority
of Americans; yet anti-womens health policymakers have made it increasingly hard for women
to access through court battles, ballot measures, and burdensome legislative restrictions on
abortion services. Some extremists even resort to intimidation, harassment, and violence against
women and health care providers (Planned Parenthood, 2014).
Abortion is not just a debatable issue in America. It is a global debate, and each country has

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adopted their own policies regarding this topic. According to the textbook, Safe Abortions: Technical
and Policy Guidance for Health Systems authored by World Health Organization (WHO) and the
Department of Reproductive Health and Research,
An estimated 22 million abortions continue to be performed unsafely each year,
resulting in the death of an estimated 47,000 women and disabilities for an additional 5
million women. Almost every one of these deaths and disabilities could have been
prevented through sexuality education, family planning, and the provision of safe, legal
induced abortion and care for complications of abortion (WHO, 2012).
These outlandish findings lead researchers to believe that reducing access to abortions and
tightening the restrictions on legally performed abortions will not dramatically lower the amount of
abortions as policymakers may hypothesize. As a matter of fact, the only dramatic difference is seen in
the safety of the woman seeking an abortion. Regardless if abortion is legalized or not, the likelihood of
women seeking an induced abortion remains the same, and will go to great lengths to ensure they are
able to terminate the unintended pregnancy. Some common lengths woman all over the globe endure in
the process includes crossing state or even country boarders or dangerously performing the procedure
themselves or by a non-medical unskilled provider (WHO, 2012). Some woman seeking an abortion in
the first place have found themselves in a desperate state of mind for whatever reason or surrounding
circumstances. So the only noticeable change that occurs with criminalizing abortions is the safety
precautions used for the procedure. In a country that allows legal abortions, without the unnecessary
barriers attached, the women are able to get the procedure done by a licensed professional. The doctor
will keep in mind all of the safety measures needed to ensure the operation goes smoothly, eliminating
the likelihood for current or future complications to arise, which could potentially lead to serious
chronic illnesses and diseases or fatality. Sadly, a large portion of the global population are not lucky
enough to have access to safe abortion services. While majority of the globe is comprised of countries
that frown upon abortions, few countries have developed past and current policies encouraging them.

Formation of Policy Alternative Paper

Typically, other countries are quick to judge these controversial policies, stating they are inhumane and
morally wrong. This is another example of the many ways abortion policies differ worldwide. Each
country has their own set of demographics, societal issues, political views, and access to resources,
which means that one policy may work for one country, while others may find it ineffective or even
baffling. Each country likes to think their way of thinking is correct and anyone who disagrees is just
simply wrong, however, it appears that most countries, including the U.S., has not yet found an
effective abortion policy (WHO, 2012).
Country Comparison
One country that has received a large amount of attention regarding the abortion policies being
enforced is China. Although a number of countries have enacted similar policies, whether they are in
the past or current, but China has somehow found themselves at the forefront of those controversial
policies. According to the National Center for Biotechnology Information, the U.S. National Library of
Medicine, and National Institute of Health, When a society or its leaders feel there are too many
people for the society to function well, moral judgment of actions undertaken to restrict the size of the
population is influenced by the quality of implementation tools and the grounds for deciding that there
are too many people (Hemmiki, E., Zhuochun, W. U., Guiying, C., & Viisaninen, K., 2005). China's
policy reflected a societal issue that they believed was necessary to address in that specific manner,
although other countries casted judgments. In 1973, China enacted public policies regarding family
structure and reproductive rights. The initial family planning policy included policies revolving around
family and reproductive education, models of reproductive behavior, an increase in contraceptive and
abortion services, while promoting delayed marriages, and lengthening the time intervals between
births, and deeply reinforcing a two-child family (Hemmiki, E., Zhuochun, W. U., Guiying, C., &
Viisaninen, K., 2005). Throughout the next few years, the policies began to become stricter. In 1979, a
one-child family policy was publicly introduced nation-wide. Dealing with the overpopulation issue
became overwhelming for the Chinese government, so they created the Family Planning Commission,

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which later was renamed the National Population and Family Planning Commission (Hemmiki, E.,
Zhuochun, W. U., Guiying, C., & Viisaninen, K., 2005). Up until the 1990's, abortion was highly
promoted to control the population. After contraceptives became more popular in the 1990's, the
National Population and Family Planning Commission refocused their method of population control
from coercing woman to get abortions, and promoted the use of contraceptives instead. Currently, there
are two separate policies in two separate Chinese provinces. One area upholds a policy stating that
families may have a two-child family if the first child is a girl. The second province uses a rule that a
family can have two children as long as they are born at least four or more years apart (Hemmiki, E.,
Zhuochun, W. U., Guiying, C., & Viisaninen, K., 2005). The pregnancy is deemed legal or illegal
by the National Population and Family Planning Commission. There are a number of considerations
that go into legalizing a pregnancy or not. Some of those considerations include the specific area
population at the time and the family quota being met or not. Children born outside of a legal
pregnancy may not be discriminated against according to the law. However, they may not be registered
and treated unequal until the family pays the fine attached to having an illegal pregnancy. The policies
include incentives and disincentives in attempt to control the population. According to the National
Center for Biotechnology Information, the National Library of Medicine, and the National Institute of
Health:
One incentive from 1988 is the "one-child certificate" which is a contract between a couple
and the local government. It gives parents who agree to have only one child certain economic
rewards, such as a monthly stipend, free obstetric care, increased maternity leave, highest
priority in education and health care for the child, preferential treatment when one is applying
for housing, and a supplementary pension. Disincentives for violators include losing housing
and school benefits or having to pay higher fees and fines. Fines, currently called extra tax, may
be substantial: according to one source, they amount to 1020 % of a family's annual income;

Formation of Policy Alternative Paper

and according to another, they exceed the average annual income Qian reports fines of 2.5 times
the village's per capita income. Payment period and how actively the fines are collected have
varied by place (Hemmiki, E., Zhuochun, W. U., Guiying, C., & Viisaninen, K., 2005).
One other country, Israel has an interesting policy regarding abortions. In Israel, abortions are
legal under specific circumstances, such as rape or life-threatening endangerment to the mother.
However, other circumstances are included in deeming an acceptable abortion, which includes being
not married, being under seventeen years old, or being over forty years old. Whether an abortion is
allowed or not is up to a professional team made up of two physicians and one social worker. This
medical committee has the authority to authorize abortions since the policy was implemented in 1979
(Pew Research Center, 2008).
Abortion policies differ throughout the world. The United States, like China, is currently
divided into provinces or state laws that determine the policies regarding abortions. Both countries
nationally legalized abortions, but only with the exception of various circumstances. Unlike the United
States, China has morphed their policies around a societal issue that the U.S. has not faced: extreme
overpopulation (Hemmiki, E., Zhuochun, W. U., Guiying, C., & Viisaninen, K., 2005). Therefore,
China has taken a different approach than many other countries in order to control the population.
Abortion was promoted for decades in China. Although that may appear inhumane to other countries, it
is difficult to judge others on their policies surrounding an issue that your country is not facing (Pew
Research Center, 2008).
Freedom Of Choice Act (FOCA) Brief Overview
The Freedom of Choice Act (FOCA) was first introduced to America decades ago in the early
1980's. It was not enacted initially, but it was reintroduced in 2007 by President Barack Obama. It is
currently not a federal law, although the plan was for it be implemented nationally. At this point in
time, seven states have passed their own version of FOCA, and other states appear to be following suit

Formation of Policy Alternative Paper

(Mastee, R., 2010). The seven states that currently enacted FOCA include: Washington, California,
Maine, Connecticut, Hawaii, Maryland, and Nevada. According to Rebecca Mastee, who is affiliated
with the organization, Americans United for Life, few states such as Illinois, New Mexico, and
Minnesota are currently considering similar laws (Mastee, R., 2010). FOCA focuses on reinforcing the
federal Supreme Court decision made in Roe vs. Wade in 1973. The text of the bill is not what many
people fear, it is the unseen consequences that will follow passing FOCA on a federal level. According
to the National Right to Life, some areas of concern include: eliminating minor consent laws,
eliminating waiting periods, and will allow woman to terminate a pregnancy at any point (National
Right to Life, 2014). These concerns will be addressed in the new and improved abortion policy.
Alternative Abortion Policy
The Right to Choose Act of 2014 (also known as the RCA), will properly outline the regulations
and restrictions revolving around the controversial subject of abortion in America. First of all, this
policy will be passed on a federal level, rather than allowing states to determine their own abortion
policies. By passing a law federally, there is less wiggle room for misinterpretations, loop holes, and
illegal actions. As of now, certain states are regulating abortions through numerous restrictions and
determining the accessibility of the procedure. According to the Guttmacher Institute, forty-six states
allow health care providers to refuse abortions and thirty-two states do not use public funding to assist
in abortions. The Hyde Amendment was developed in order to cease Medicaid funding for abortions
unless they fall within extremely strict circumstances (Guttmacher Institute, 2014). According to
Planned Parenthood, several states, such as Arizona have banned abortions after twenty weeks of
conception. This issue with this restriction is that physicians are unable to detect most serious
disabilities until after the twenty week period. This means that woman and their doctors will be
stripped from the decision of terminating a high risk pregnancy that leads to serious lifelong and lifethreatening disabilities (Planned Parenthood, 2014). Some states have passed unnecessary regulations

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on medical centers providing abortions. For example, one regulation is that the center's hallway must
be a certain width across to stay in a business. The reason behind this regulation is to shut down even
more clinics providing abortion services (Planned Parenthood, 2014). Alabama recently passed a law
allowing minors who received an abortion to stand trial, and the fetus is presented with a court
appointed lawyer who is able to degrade the minor. Many states including Texas, Oklahoma, Alabama,
Louisiana, Virginia, and Wisconsin passed laws shutting down more than half of the abortion clinics in
each state. These laws have forced thousands of Americans to illegally cross state lines in order to have
access to the procedure (E.B., 2014). Sadly, Michigan can now be added to the list of states restricting
abortions by passing the new rape insurance policy. Lansing Senator Gretchen Whitmer, had this say
to the Free Press regarding the passing of this gender specific law:
This isnt talking about someone looking for an elective abortion. This is a woman with a
wanted pregnancy who is forced to terminate it because of health concerns and may now may
face financial ruin for doing nothing more than trying to start a family. If thats not a direct
attack on women and our health to say insurance cant cover this type of critically important
reproductive care, I dont know what is (RT, 2014 March 14th).
These are just a few examples of creative ways certain states are finding routes around the
national law legalizing abortion. The Right to Choose Act of 2014, will address these regulations
affecting the accessibility of abortions and promptly return the right to choose back to the woman and
family affected, rather than the government.
The RCA policy is feasible on an economic, political, and administrative level, however, it will
be challenging due to the controversial nature of the subject at hand. The economy will be impacted by
the public funding for the new policy, but after the initial shock, I believe it will not be as large of an
issue as some skeptics anticipate. The funding for abortions will not be divided in the insurance, but
rather it will be collectively included in woman's health and woman's reproductive health, alongside

Formation of Policy Alternative Paper

contraceptives and sex education. By not singling out abortion in the health insurance, it will hopefully
deter people from becoming outraged for paying for abortion services, as many people already are. The
Right to Choose Act will be difficult at the political level because there are such strong opposing sides
when it comes to this issue. However, the Right to Choose Act will attempt to remedy the situation by
considering the argument for both sides.
Unfortunately, it is doubtful that the Right to Choose Act of 2014, would be feasible in the other
country we compared previously, China. The main reason the RCA would not work in China is because
of the same reason we have very different abortion laws in the first place: overpopulation. As I stated
earlier, policies that prove effective in one country may not work well in others because of the
numerous differences between the two. Although, it would be feasible for China to implement a similar
version of RCA. The Right to Choose Act would only restrict China's current abortion and family
policies, which based on their current laws, restricting abortions is not in the interest of China at this
moment.
Policy Purposes and Goals
The Right to Choose Act of 2014 has various reasoning behind its development. After the Roe
Vs Wade ruling, it was determined that legally allowing woman the right to choose whether or not to
bear a child or terminate a pregnancy is a constitutional right backed up by the fourteenth amendment
(Justia, 2014). Years later, the U.S. Supreme Court established that the word person did not include
unborn babies, therefore, they do not receive federal protection from the Constitution, which means the
prior court ruling was invalid. Soon after, the court ruling was reversed and returned back to the
original ruling determined after Roe Vs Wade that mentioned that personal privacy is broad enough to
include terminating a pregnancy as a personal private manner and Constitutional right in America
(Justia, 2014). Since then, states have been granted the privilege to add separate restrictions as long as
they followed the overall federal law. States that have an overall population or government made up of
mostly pro-life supporters have begun to test methods in order to get as close as criminalizing abortions

Formation of Policy Alternative Paper

as possible without breaking the federal law. The Right to Choose Act of 2014 will address the issue of
unnecessary restrictions geared solely towards reducing access to abortion services. The policy will
cease states from determining their own set of abortion laws because RCA is a federal policy. A major
benefit from federally passing this policy is that woman will no longer be forced to cross state boarders
to illegally get the operation with the possibility of being arrested. Woman will once again be restored
the right to choose what they wish to do with their own body. The Right to Choose Act will even out
social equality when it comes to only the privileged having access to these types of services. Since
public health care programs and public funding will assist with the cost of the procedure, the service is
available for woman across the nation regardless of social stature, financial status, race, religious
beliefs, educational background, etc. The only personal factor impacting the right to an abortion is age.
The RCA will include minor guardian consent regulations, but three major differences will be made.
The first change is that the age of the minor, number of guardians needed for consent, who is able to be
considered a guardian, and the exceptions will now be the same across America. The second change is
the age of being considered a minor will be lowered to sixteen years old. The third, and personally the
most important change is the exceptions to the rule. The RCA states that if the minor is able to provide
some type of proof of fearing their parents/guardians, which is the reason they are not willing to share
this information with them. The standards for proof of fear must demonstrate a reasoning for moderate
fear, so it does not have to be life threatening, but it must be more than just not wanting to tell your
parents or being scared of possibly being lectured.
As a social worker, I believe whole-heartedly in social equality and justice for everyone. I
believe that the woman of this nation were on their way of being completely robbed of the right to
choose whether or not to terminate a pregnancy. Within the last few decades after the Roe Vs Wade
ruling, more and more woman were losing what was already federally deemed a constitutional right,
due to several states becoming increasingly clever in their methods of restricting access to medically

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safe abortion services. The Right to Choose Act of 2014 was an absolute necessity and action was
needed immediately before more states followed suit or more barriers were created, resulting in another
woman feeling as if she was backed into a corner and forced to illegally cross boarders or seek out
dangerous alternatives to terminate the pregnancy out of desperation. I am concerned about the
wellbeing of the women who fell victim to the government's game of finding loop holes in the federal
law. I believe that I have no right to judge another human being, especially because no one other than
person can say with absolute certainty why that person made the decision that they did. Therefore, that
person is the best candidate for making that decision- not me, not professionals in various fields of
expertise, and most of all, not the government.
The Right to Choose Act of 2014 Plan of Action
The Right to Choose Act will be carefully developed and revised by a team of mostly woman
and democrats, but republicans and men will be involved in the decision-making process as well. It
would be beneficial to have input from professionals derived from career fields such as social workers,
physicians, and politicians. The reason the team will consist of this specific mixture of backgrounds is
because of the policy subject. Abortion does not just impact the woman, it affects the father and other
family members too. That being said, abortion is still considered a gender specific issue, therefore, it
makes sense to have a larger portion of the team being woman. It is the same logic as having wealthy
Caucasian men develop policies that heavily influence the lives of minorities living in poverty. The
policymakers and those generally affected by the policy should demographically match up to some
degree, because it is ineffective to have individuals who have not experienced anything even close to
whatever the policy is directed towards. They simply do not have the proper insight or understanding to
do so. The team will be made up of mostly democrats as well for a similar reason. Social workers
generally have a well-rounded understanding of the wants and needs for a variety of different cultural
backgrounds and demographics. It is critical for the RCA team to include a descent portion of

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individuals with compassion and understanding for those affected by the policy and who are able to
remain open minded to all recommendations. It is important for physicians to sit on the Right To
Choose Act team as well because they are able to view abortion from a medical standpoint. Politicians
are necessary because there political expertise is needed when creating the policy details and informing
the team of the proper steps to take in order to get the policy passed. The politicians networking system
is crucial when it comes to the reality of the policymaking process. The reality is that most of the time
it is not about what you know, it is about who you know.
The main obstacle standing in the way of the passing of RCA is the pro-life supporters.
According to the textbook, New Dimensions in Women's Health authored by Linda Alexander, Judith
LaRosa, Helaine Bader, and Susan Garfield, pro-life supporters are mostly composed of middle-aged or
older male conservative republicans (2007). The Right To Choose Act will attempt to reduce tension of
the public by considering the position of both sides, carefully conducting and reading through unbiased
research, analyzing creditable data, looking into the social and political implications, and most
importantly, actually listening to the public. The Right To Choose Act of 2014 will include others
factors surrounding abortion, such as sex education and contraceptives. RCA holds the mission to
reduce the need for abortion services by implementing alternative methods of preventing the pregnancy
in the first place. However, unintended pregnancies will always be a reality and contraceptives are not
one hundred percent reliable, which means these services should be readily available for those who
may need it. According to The New Dimension for Women's Health, a recent trend has taken the nation
by storming and it has greatly influenced the subject of abortions and the typical demographics of the
women seeking these services. Now that women are becoming pregnant and having families later in
life, due to more woman focusing on their career early on and pushing aside other personal needs. The
role of women in America is in the process of dramatically being redefined and because of that, the
traditional family structure and time line is changing as well. One major concern that has swept the

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nation because of this trend is that a woman's body is not as fit to bear children in their forties as it is in
their twenties. The chances of having a high risk pregnancy or giving birth to a child with severe
mental or physical disabilities increases through the roof. As a result of that, more middle-aged woman
who would have never considered an abortion otherwise are now faced with the ultimate personal
moral decision (Alexander, L., LaRosa, J.,Bader, H., & and Garfield S., 2007).
My Personal View On RCA And My Role As A Social Worker
I personally believe that this policy is needed and soon. I think women should be treated as
equals, and they should be capable of making important decisions regarding their lives and their bodies.
The government should not be as involved in the decision-making process when it comes to bearing
children or terminating pregnancies as they currently are now. My personal beliefs on abortion is
irrelevant to my stance on supporting abortion service accessibility. The policies surrounding women's
sexual and reproductive rights are in need of revision and upkeep. I believe that policies regarding such
subjects should be made on a federal level, rather than state or county. It only complicates things by
allowing states to determine their own set of standards, and the lines become blurry while the loop
holes become more visible. The state in which a woman resides should not be the determining factor in
whether or not she is able to obtain a procedure that was ruled a constitutional right decades ago.
As a social worker my role in the development of the policy is crucial. The nature of the policy
subject only enhances the necessity of social workers being involved in the policymaking process. I
believe it is my role to advocate on behalf of the women who believe they were stripped of the right to
make critical decisions regarding their own body and who feel as though they are not being treated with
equality due to their gender. As an advocate for social equality and social justice, I believe it is my
responsibility to express my beliefs and the beliefs of those women to people in the position of political
power. By speaking up and ensuring my voice is heard will hopefully inspire others to do the same
creating a domino effect, which puts pressure on policymakers to address the issue. Social workers are
equipped with the proper tools to help make societal changes.

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References
Ahman, E., & Shah, I. (2004). Unsafe abortion: global and regional estimates of the incidence of
unsafe abortion and associated mortality in 2003. Retrieved from
http://www.who.int/reproductivehealth/publications/unsafe_abortion/en/
Alexander, L., LaRosa, J.,Bader, H., & and Garfield S., (2007). New Dimension for Women's Health,
Jones and Barlett Publishers, Sudbary: MA. Retrieved from http://books.google.ie/books?
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OHpL86pogT6yoA4&ved=0CFsQ6AEwCA#v=onepage&q=demographics%20of%20pro-life

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%20supporters&f=false
E.B., (2014 October 27). Democracy in America, American Politics, Abortion in America: A Costly
Choice, The Economist. Retrieved from
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8&ah=ac379c09c1c3fb67e0e8fd1964d5247f
Guttmacher Institute, (2014 July) Induced Abortion in the United States, Fact Sheet. Guttmacher
Institute. New York: Guttmacher Institute. Retrieved from
http://www.guttmacher.org/pubs/fb_induced_abortion.html
Guttmacher Institute, (2014, October 1). An Overview of Abortion Laws, State Policies In Brief. New
York: Guttmacher Institute. Retrieved from http://www.guttmacher.org/sections/abortion.php
Hemmiki, E., Zhuochun, W. U., Guiying, C., & Viisaninen, K., (2005 August, 11). Illegal Births and
Legal Abortions- the Case of China. National Center for Biotechnology Information, the
National Library of Medicine, and the National Institute of Health, Reproductive Health 2: 5.
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Justia, (2014). Abortion, Justia U.S. Law. Retrieved from
http://law.justia.com/constitution/us/amendment-14/31-abortion.html
Mastee, R., (2010) Abortion, Americans United For Life. Retrieved from
http://www.aul.org/issue/abortion/
National Right to Life, (2014). The Freedom Of Choice Act and It's Successor, the Women's Health
Protection Act (Also Known As The Abortion Without Limits Act). National Right To Life:

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Protecting Life In America Since 1968. Retrieved from http://www.nrlc.org/federal/foca/
Open Congress, (2014). S.1173 Freedom Of Choice Act, Open Congress. Retrieved from
http://www.opencongress.org/bill/s1173-110/show
Pew Research Center, (2008 September, 30). Abortion Laws around the World, Pew Research Religion
and Public Life Project. Washington: D.C. Retrieved from
http://www.pewforum.org/2008/09/30/abortion-laws-around-the-world/
Planned Parenthood, (2014). Abortion Access, Planned Parenthood: Act Now. Retrieved from
http://www.plannedparenthoodaction.org/issues/abortion-access/
RT, (2014, March 14th). Michigan Rape Insurance Goes Into Effect, RT Autonomous Nonprofit
Organization: Question More. Retrieved from
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http://rt.com/usa/michigan-rape-insurance-