Article 25 of the Universal Declaration of Human Rights includes the right to medical care and the right to security in the event of sickness, disability, and old age. Besides, mothers and their children are entitled to special care assistance. However, knowing your rights is the first step to asserting them effectively. Continue reading this blog to learn about the rights that contribute to women’s well-being.

Family Planning Services: Title X

Title X is a federal grant program; it provides comprehensive family planning and related preventive health services. It is effectuated to prioritize the needs of economically-disadvantaged families or uninsured people (including those non-eligible for Medicaid) who might not otherwise have access to these healthcare services. Click here to read more on the recent changes to the program.

Affordable Care Act (ACA) Provisions

The ACA mandates most private health plans to cover preventive services, including contraceptive methods and counselling, without charging a coinsurance or co-payment when provided by an in-network provider.

Maternity Care ACA Protections

The ACA also made significant improvements in maternity care coverage. Most health plans must now cover prenatal care, childbirth, and postnatal care without a co-payment or coinsurance.

Pregnancy Discrimination Act

This Act, an amendment to Title VII of the Civil Rights Act, prohibits discrimination based on pregnancy, childbirth, or related medical conditions in any workplace. It ensures that women can't be denied employment or promotions and are entitled to the same health, disability, and sick leave benefits as other employees.

Protection against Discrimination in Healthcare

Section 1557 of the ACA is the first federal civil rights law to end sex discrimination in healthcare. It protects individuals from discrimination based on pregnancy, gender identity, and sex stereotyping in healthcare programs and activities.

Protection and Support for Breastfeeding

Federal Workplace Law (The Fair Labor Standards Act) necessitates employers to provide reasonable break time and a private, non-bathroom place for breastfeeding employees to pump breast milk during the workday, up to one year after the child's birth. President Biden signed the Consolidated Appropriations Act of 2023 on December 29, 2022, turning it into a law. It covers the PUMP for Nursing Mothers Act (“PUMP Act”), which accords more nursing employees the right to take a break to pump and get a private place to pump.

Many states have additional laws to protect and support breastfeeding, including laws related to breastfeeding in public and exempting breastfeeding from public indecency laws.

Access to STI Testing and Treatment

Federal and state programs exist to provide testing and treatment for sexually transmitted infections, often at low or no cost, to increase access and reduce the spread of these diseases.

Cancer Screenings and Preventive Services

ACA Provisions: Require coverage for preventive services like mammograms and cervical cancer screenings without co-payment or coinsurance—highlighting the comprehensive nature of women’s reproductive health rights, which goes beyond abortion access to include a wide range of services essential for women's health and well-being. It's important to recognize that while federal laws set a baseline, specific provisions and the extent of services available can vary significantly by state.

Women's Health and Cancer Rights Act (WHCRA)

The Women's Health and Cancer Rights Act (WHCRA) is a federal law enacted in 1998, providing crucial protections for women undergoing breast reconstruction following a mastectomy. The law mandates that both group health plans and individual health insurance policies cover all stages of breast reconstruction, surgery for symmetry of the other breast, and treatment for any complications, including lymphedema. It's vital for women because it ensures their right to comprehensive care and support during and after the treatment of breast cancer.

The Family and Medical Leave Act (FMLA) for Protecting Mental Health Rights

The Act provides job-protected leave for mental health conditions. To be eligible, employees must work for a covered employer for at least 12 months, have 1,250 service hours in the last 12 months, and work at a location with at least 50 employees within 75 miles. Under FMLA, employers need to provide 12 weeks of leave annually, maintain health benefits during leave, and restore employees to the same or a similar position after leave.

Leave for mental health conditions can be taken for an employee's condition, to care for a family member, or military caregiver leave. In fact, mental health conditions, such as anxiety and depression, are considered serious under this Act if they incapacitate for more than three days or require ongoing treatment. FMLA may be unpaid or used concurrently with paid leave.

Employers must keep medical records confidential, and employees are protected from retaliation. In addition, it enables employees to report violations to the Wage and Hour Division.

Americans with Disabilities Act (ADA)

Although not specific to women, the ADA can apply to particular pregnancy and reproductive health conditions, offering protection against discrimination.

Sexual and Reproductive Health Education

While there's no federal law mandating comprehensive sexual education, some states have their own laws and policies. These educational programs often include information about contraception, sexually transmitted infections (STIs), and healthy relationships.

Equal Pay Act

Enacted in 1963, the Equal Pay Act addresses wage disparities based on gender. It mandates equal pay for equal work, prohibiting employers from paying women less than men for jobs requiring substantially similar skill, effort, and responsibility. Despite this legislation, a gender pay gap still exists, prompting ongoing advocacy for pay equity.

Achieving pay equity is crucial for women's financial stability. Fair compensation directly influences access to quality healthcare, including preventive services, routine check-ups, and necessary medical treatments. Financial well-being is an essential component of women’s health rights.

Violence Against Women Act (VAWA)

VAWA, first passed in 1994 and reauthorized several times, addresses domestic violence, dating violence, sexual assault, and stalking. VAWA's provision of support services, including shelters, legal aid, and community support, aids women in recovering from physical and mental trauma resulting from violence. These resources are integral to the healing process and contribute to overall well-being.

Age Discrimination in Employment Act (ADEA)

The ADEA, enacted in 1967, prohibits employment discrimination against individuals aged 40 and older. It ensures that older workers are not subjected to age-based discrimination in hiring, promotion, termination, or compensation. Women, particularly as they age, can face a double bias of ageism and sexism in the workplace. The ADEA's protections are crucial for older women, who might otherwise be disproportionately impacted by discriminatory practices.

Older Americans Act of 1965

This Act provides various services to older adults, including nutritional programs, health services, legal assistance, and caregiver support. While not exclusively for women, it often benefits them significantly, mainly since women constitute a significant proportion of the older population.

Social Security Act

It offers retirement, disability, and survivors' benefits. Women who are retired, disabled, or widowed can benefit from these provisions, which can be crucial for financial stability in older age.

Medicare

It is a federal health insurance program for younger people with certain disabilities, senior citizens , and those with end-stage renal disease. Given that women often live longer than men, Medicare plays a critical role in ensuring their healthcare needs are met in older age.

The Final Word

While there have been significant strides in advocating for and advancing women's health rights in the United States, there remains a pressing need for continued efforts and reforms. The gains, such as the legal recognition of reproductive rights, the Affordable Care Act, and increased awareness and funding for conditions like breast cancer, highlight the positive impact of focused advocacy and legislation in improving women's health outcomes.

While there have been significant strides in advocating for and advancing women's health rights in the United States, there remains a pressing need for continued efforts and reforms. The gains, such as the legal recognition of reproductive rights, the Affordable Care Act, and increased awareness and funding for conditions like breast cancer, highlight the positive impact of focused advocacy and legislation in improving women's health outcomes.

To truly advance women's health rights, a holistic approach is required. It should not only address immediate healthcare needs but also tackle underlying systemic issues contributing to disparities and inequalities. Some requisites to strengthen women’s rights include comprehensive sex education, equitable healthcare access, inclusive and representative medical research, and a robust legal framework that protects and upholds women's health rights uniformly across the country.

As a promoter of women’s health, Ginger-U believes that the highest standard of women’s health and well-being is attainable through equitable policies, raising awareness, and promoting research that reflects the needs of women from all ethnicities and strata. It is critical to foster a societal shift towards a more inclusive understanding of women's health that recognizes and values the diversity of women's experiences. This entails acknowledging the intersectionality of gender with race, class, and other social determinants of health.

Ginger-U strives to stands out in offering a suite of tailored solutions—from an innovative feminine health app and scientifically-backed, top-quality supplements to comprehensive health coaching to education—designed for women at every stage of life. Ginger-Us’ commitment to enhancing women's well-being aligns with the goal of empowering women through tools and resources that help them take charge of their health and wellness, and excel in life.

Frequently Asked Questions

• What legal protections exist for women's health rights in the workplace?
  Women's health rights in the workplace are protected under laws such as the Pregnancy Discrimination Act, which prohibits discrimination based on pregnancy and related conditions. The Family and Medical Leave Act (FMLA) also provides rights for mental health conditions and breastfeeding protections under the Fair Labor Standards Act (FLSA) and the PUMP Act.

• How does the Affordable Care Act (ACA) support women's health rights?
  The ACA mandates most private health plans to cover preventive services, including contraceptive methods and counselling, and significantly improves maternity care coverage. It also includes Section 1557, which prohibits discrimination based on pregnancy, gender identity, and sex stereotyping in healthcare.

• What is the Women's Health and Cancer Rights Act (WHCRA) and how does it protect women?
  Enacted in 1998, the WHCRA is a federal law mandating group health plans and individual health insurance policies to cover all stages of breast reconstruction and related treatment following a mastectomy, ensuring comprehensive care for women with breast cancer.

• Can women receive support for breastfeeding in the workplace?
  Yes, federal law, specifically the Fair Labor Standards Act, requires employers to provide reasonable break time and a private place for breastfeeding employees to pump breast milk during the workday, up to one year after the child's birth.

• What rights do women have regarding family planning services?
  Women have rights to family planning services under Title X, a federal grant program providing comprehensive family planning and related preventive health services, especially for economically-disadvantaged or uninsured individuals.

• Are there laws addressing wage disparities and discrimination against women?
  The Equal Pay Act, enacted in 1963, mandates equal pay for equal work, prohibiting employers from paying women less than men for similar work. The Americans with Disabilities Act (ADA) also offers protections against discrimination, including for pregnancy-related conditions.