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Breastfeeding in public

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A breastfeeding infant

A baby's need to feed cannot be reliably predicted, so legal and social rules about indecent exposure and dress code are often adapted to meet this need.[1] Many laws around the world make public breastfeeding legal and disallow companies from prohibiting it in the workplace, but some people are uncomfortable with seeing a mother breastfeed her baby.[2] Some breastfeeding mothers feel reluctant to breastfeed in public.[3]

Attitudes by region

Canada

In Canada, the Canadian Charter of Rights and Freedoms gives some protection under sex equality. Although Canadian human rights protection does not explicitly include breastfeeding, a 1989 Supreme Court of Canada decision (Brooks v. Safeway Canada) set the precedent for pregnancy as a condition unique to women and that thus discrimination on the basis of pregnancy is a form of sex discrimination (however Brooks v. Safeway Canada, was about maternity pay and not concerned with the right to breastfeed in public).

Recent Controversies

In June 2009, 27-year-old Tanya Constable was approached by a Walmart employee in the baby section of the Langford, British Columbia retail store and told, "You can't be here," suggesting that she move to the washroom instead. According to Constable, when she asked to speak to the manager, "The manager said that if someone complains, the store's policy is to ask them to move." Constable then decided to leave the store rather than breastfeed her 11-month-old daughter in the washroom. Walmart Canada later apologized for asking the mother to move and said that,"Customers can breastfeed in whatever manner they see fit anywhere in the store."[4]

China

In Shanghai, breastfeeding in public is considered embarrassing. There have been calls for the establishment of baby care facilities in public places.[5][6]

Saudi Arabia

According to Jan Riordan of Wichita State University, women in Saudi Arabia openly breastfeed their infants even though they may be fully veiled.[7][8]

United Kingdom

A UK Department of Health survey found that 84% (about 5 out of 6 people) find breastfeeding in public acceptable if done discreetly, however 67% (2 out of 3) of mothers are worried about general opinion being against public breastfeeding.[9] To combat these fears in Scotland, the Scottish Parliament passed legislation safeguarding the freedom of women to breastfeed in public in 2005.[10] The legislation allows for fines of up to £2500 for preventing breastfeeding in public places.[11]

United States

Recent Controversies

In November 2006, Emily Gillette, a 27-year-old from Santa Fe, New Mexico was refused service in Burlington, Vermont after being asked to leave a Freedom Airlines flight by a flight attendant after Gillette refused to breastfeed her child under a blanket.[12]

During June, 2007, Brooke Ryan was dining in a booth at the rear of an Applebees restaurant when she decided to breastfeed her 7-month-old son. While she said she attempted to be discreet, another patron complained that her partially revealed breast was "indecent exposure." Both a waitress and the manager asked her to cover up. She handed him a copy of the Kentucky law[13] that permitted public breastfeeding, but he would not relent. She ended up feeding her son in her car and later organized several "nurse-in" protests in front of the restaurant and other public places.[14] [dead link‍]

Bill Maher

In September 2007, libertarian commentator and comedian Bill Maher commented on Brooke Ryan's series of protests on his HBO show Real Time. He introduced one of his "new rules," which he titled "Lactate Intolerant." He joked, to laughter and applause, that the manager asked a breastfeeding mother to cover up because the "wait staff got tired of hearing, 'I'll have what that kid is having.' I'm not trying to be insensitive, here. I know your baby needs to eat, but so do I and this is Applebee's, so I'm already nauseous. Breastfeeding a baby is an intimate act, and I don't want to watch strangers performing intimate acts. At least not for free. It cheapens it. But breastfeeding activists — yes, breastfeeding activists, called Lactivists — say this is a human right and appropriate everywhere, because it's natural. Well, so is masturbating, but I generally don't do that at Applebee's. Not in the main dining area, anyway. I mean next thing, women will be wanting to give birth in the waterfall at the mall!"

Maher concluded his monologue by saying it wasn't about bare breasts, but about how petty and parochial our activist causes have become, compared with issues such as war and global warming.[15]

Barbara Walters

In 2005, Barbara Walters remarked on her talk show The View that she felt uncomfortable sitting next to a breastfeeding mother during a flight. Her comments upset some viewers who began organizing protests over the internet. A group of about 200 mothers staged a public "nurse in" where they breastfed their babies outside ABC's headquarters in New York.[16]

Facebook controversy

In December 2008, Facebook was criticized for removing photos uploaded by mothers of themselves breastfeeding their babies, and also canceling their Facebook accounts. The website claimed that these photos violated their decency code by showing an exposed breast, even when the baby covered the nipple. This action was described as hypocritical, since Facebook took several days to respond to calls to deactivate a paid advertisement for a dating service that used a photo of a topless model.[17]

The breastfeeding controversy continued following public protests and the growth in the online membership in the Facebook group titled "Hey, Facebook, breastfeeding is not obscene! (Official petition to Facebook)."[18]

Legislation permitting breastfeeding

A United States House of Representatives appropriations bill (HR 2490) with a breastfeeding amendment was signed into law on September 29, 1999. It stipulated that no government funds may be used to enforce any prohibition on women breastfeeding their children in Federal buildings or on Federal property. Further, U.S. Public Law 106-58 Sec. 647 enacted in 1999, specifically provides that "a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location." A majority of states have enacted state statutes specifically permitting the public exposure of the female breast for breastfeeding infants, or exempting such women from prosecution under applicable statutes,[19] such as those regarding indecent exposure.

As a result of these previously mentioned and other controversies, 47 states as of January 2009 have passed legislation that either explicitly allow women to breastfeed in public or exempt them from prosecution for public indecency.[19] Attempts during 2007 to codify a child's right to nurse were unsuccessful in West Virginia.[20]

See also

References

  1. ^ "Breastfeeding Legislation in the United States: A General Overview and Implications for Helping Mothers". LEAVEN. 41 (3): 51–4. 2005.
  2. ^ Jordan, Tim (2002). Social Change. Blackwell. pp. p. 233. ISBN 0-631-23311-1. {{cite book}}: |pages= has extra text (help); Check |isbn= value: checksum (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)
  3. ^ "Got milk? Not in public!". doi:10.1186/1746-4358-3-11. {{cite journal}}: Cite journal requires |journal= (help)CS1 maint: unflagged free DOI (link)
  4. ^ [[1]] Walmart apologizes for asking B.C. mom to stop breastfeeding, Ann Hui, The Vancouver Sun 18 July 2009.
  5. ^ Congress to consider privacy issue
  6. ^ Breastfeeding in public
  7. ^ Riordan, Jan (2005). "The Cultural Context of Breastfeeding". Breastfeeding and Human Lactation. pp. pages718-719. ISBN 0763745855. {{cite book}}: |pages= has extra text (help); External link in |chapterurl= (help); Unknown parameter |chapterurl= ignored (|chapter-url= suggested) (help)
  8. ^ Dimensions of Human Behavior
  9. ^ "Myths stop women giving babies the best start in life" (Press release). UK Department of Health. 2004-05-10. Retrieved 2007-02-16.
  10. ^ "Breastfeeding etc. (Scotland) Act 2005". Queen's Printer for Scotland. 2005-02-10. Retrieved 2007-01-24.
  11. ^ "MSPs approve breastfeeding move". BBC News. 2004-09-23. Retrieved 2007-01-24.
  12. ^ Barsch, Sky (2006-11-14). "Woman alleges she was kicked off Burlington flight for breast-feeding". Burlington Free Press. Retrieved 2007-01-24.
  13. ^ "Summary of Enacted Breastfeeding Legislation Kentucky". Retrieved 2009-01-07.
  14. ^ Blackford, Linda (August 29, 2007.). "Mom Pushed Applebees on Breast-feeding; wants change after being told to cover herself". Lexington Herald-Reader. Retrieved 2009-01-07. {{cite news}}: Check date values in: |date= (help)
  15. ^ "Bill Maher on Breastfeeding". Retrieved 2008-12-26.
  16. ^ 'Lactivists' Taking Their Cause, and Their Babies, to the Streets
  17. ^ Facebook ban incurs 'lactivist' wrath - web - Technology - smh.com.au
  18. ^ "Protests mount over Facebook ban on breast-feeding photos; bigger turnout online than in Palo Alto". Mercury News. 2008-12-27.
  19. ^ a b "50 State Summary of Breastfeeding Laws". National Conference of State Legislatures. Retrieved 2009-01-06.
  20. ^ White A. "West Virginia Legislative Setback". Retrieved 2007-04-14.
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