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Asian
American Women: Issues, Concerns, and
Responsive Human and Civil Rights Advocacy
by Lora Jo
Foo
2002 Ford
Foundation
Part 3
Sections:
1
2
3
4
3. Osteoporosis
Osteoporosis is
primarily a woman’s disease, with women making up approximately
80% of all cases. Asian American women are at higher risk for
osteoporosis, most likely because they tend to be lighter in
weight and have smaller bones and possibly due to an average
calcium intake half that of the general US population. 20% of
Asian American women are estimated to have the disease and are
at higher risk for hip, spine and wrist fractures. The dangers
posed by a hip fracture are particularly serious. Within one
year after a hip fracture, up to 30% of the victims will die,
25% of the survivors will be confined to long-term care
facilities, and 50% will experience long-term loss of mobility.
Yet, only 11% of Asian American women between the ages of 40 and
64 in California have had a bone density test for osteoporosis
in the past two years.
Mental Health
Asian American
women have the highest suicide rates among women over age 65 and
the second highest among women ages 15 to 24 in the United
States. Suicide is the eighth leading causes of death for Asian
American women. Among all Asian female suicide deaths in
California, 56% were Chinese, 22% were Japanese, 11% were
Korean, and 8% were Filipina. In addition, 89% of those who
committed suicide were immigrants. The suicide death rate for
Chinese women is 20 deaths per 100,000 population, the highest
of all racial and ethnic groups. A high suicide rate may be a
combination of cultural and social factors; cultures in which
counseling and psychotherapy are not socially acceptable, such
as in many Asian cultures, tend to have higher rates of suicide.
Despite these
alarming figures, Asian Americans are only a quarter as likely
as whites, and half as likely as African Americans and Hispanic
Americans to seek outpatient treatment. Asian Americans are also
less likely than whites to be psychiatric inpatients. A
constellation of barriers deters Asian Americans from seeking
treatment, and when they do seek treatment, it may not meet
their needs. Many Asian Americans feel ill at ease with the
mental health system in the United States. They may find
clinicians who only understand the white middle-class
orientation, with its cultural values and beliefs, as well as
its biases, misconceptions, and stereotypes of Asian cultures.
Other reasons for the underutilization of services include the
stigma and loss of face over mental health problems and
limited-English proficiency among some Asian immigrants. These
obstacles are more pronounced for recent immigrants.
For certain
Southeast Asian refugees who have suffered persecution, torture,
and starvation during the Vietnam War and after, more than
psychiatric treatment is needed. While there are no known
longitudinal studies, the few that exist show that survivors of
the Cambodian holocaust, the Mahantdorai, are experiencing a
health crisis that is a direct result of their extraordinary
trauma. Those who lived in Cambodia from 1970-80 suffered major
trauma that included starvation, combat conditions, slave labor,
imprisonment, witnessing atrocities, torture both physical and
psychological, death of family members, physical injury, and
loss of home, property, and country. A study of Cambodians
living in Massachusetts found that by the mid-1980’s, those who
had lived in Cambodia from 1975-79 were suffering high incidence
of headache, dizziness, fatigue, muscle and bone pain,
palpitations, sweating and fever-symptoms associated with
starvation. For those who suffer post traumatic stress disorder
(PTSD), their symptoms increase as they age. A California State
Department of Mental Health survey found that 16% of Cambodians
met the criteria for PTSD and other studies have found that 40
to 50% of Khmer teenagers who lived through the Mahantdorai had
PTSD. Many years after their trauma experiences, child survivors
are having breakdowns and intrusive memories. For women
traumatized as children, they demonstrated an unusual lack of
physiologic response to a startle paradigm. Psychosomatic
blindness for Cambodian women ages 40 years and older has also
been reported.
Researchers are
discovering that like survivors of the Nazi concentration camps
of World War II, the survivors of the Cambodian holocaust also
suffer psychic symptoms such as increased lassitude, failing
memory and inability to concentrate, sleeplessness or
irritability, and vertigo. The psychic symptoms are the result
of starvation-induced organic brain and neurological changes.
Studies are beginning to show that a history of torture is
associated with hidden or undiagnosed traumatic brain injury
that may be interfering with positive responses to psychiatric
treatment. This fact raises serious questions as to whether some
Manhantdorai survivors will be able to achieve self-sufficiency
at a time when the safety net of social protection is being
shredded in this country.
Reproductive
Health and Maternal-Child Health
1. HIV and STDs
Of all women of
all racial groups, in recent years, APIA women have the highest
rate of increase in certain sexually transmitted diseases
(STDs), such as gonorrhea and chlamydia. APIA women have four
times as many reportable STDs as APIA men. Although less than
one percent of AIDS cases occur among APIAs, APIA women have the
highest rate of increase in new HIV/AIDS infections in recent
years. However, because of cultural stereotypes about patients
at risk for HIV, doctors often fail to offer Asian women HIV
tests or compile sexual history profiles for these women. Many
Asian American women only learn of their HIV status through
tests during pregnancy, job or insurance change, or after their
partner became ill. White and Asian women tend to be infected
for the longest time before discovering their HIV status.
2. Early
Prenatal Care
Prenatal care
provides early detection of mothers at risk of delivering a
premature or growth-retarded infant and interventions to reduce
the risks of low-birth weight and other adverse pregnancy
conditions and outcomes. Some groups of Asian American women
have particularly low rates of prenatal care. Laotian women have
the lowest percent (56.1%) receiving early prenatal care. Nearly
half of Cambodian women do not begin prenatal care during their
first trimester and as a result experience higher risk births.
Of the five major Southeast Asian groups in Oregon (Khmer,
Hmong, Mien, other Lao, and Vietnamese), Hmong American women
had the least favorable birth risk profile. Asian Indians
(8.3/1,000) and the group classified as “Other Asian”
(8.9/1,000) have the highest infant death rates among Asians and
Pacific Islanders. Asian Indians (8.4%), Thai (7.5%), Cambodians
(7.1%), and Filipinos (7%) have the highest percentages of
low-birthweight infants among Asians.
3. Hepatitis B
Hepatitis B
rates for Chinese, Koreans, Filipinos, Southeast Asians and
Pacific Islanders range up to 15%, as compared to 0.2% among the
general US population. Perinatal transmission is the most common
mode of transmission among Asian women and their children. Every
year, about 19,000 women infected with Hepatitis B Virus deliver
infants in the US; nearly half of these women are Asian.
4.
Breast-Feeding
The American
Academy of Pediatrics recommends that all mothers breastfeed
their children. The benefits to breastfeeding for both mother
and child include the better health of the infant which
translates into time, energy, and money saved due to fewer
visits to the doctor and fewer missed days from the job tending
to a sick child. Among all women in California, Southeast Asian
women have the lowest incidence of breastfeeding. This contrasts
with the very high rate of breastfed Southeast Asian babies
(93%) born outside of the United States as compared to only 10%
of those born in the United States. Possible barriers include
lack of information about breastfeeding, limited maternity
leave, lack of workplace breastfeeding facilities, and lack of
support from peers and family members.
Barriers to
Care
As described
above, the paucity of research and data and the failure to
disaggregate data lead to health care providers failing to
provide adequate health care to Asian American women. In
addition, the lack of education among Asian American women
leaves them with the false belief that they are not at risk for
breast or cervical cancer or fatalistic resignation if diagnosed
with cancer. Other equally serious barriers to care are outlined
below.
1. Uninsured
Asian American Women
One reason for
the low utilization of preventative services is the lack of
health insurance. Approximately 36% of Asian American women
under 65 years of age do not have any form of health insurance,
a higher proportion than the general US population. Asian
American women in California were ranked second only to Latinas
(21% and 32% respectively) as most likely to be uninsured. Asian
immigrants are concentrated in low-wage jobs that do not provide
health insurance, such as garment shops, restaurants, and
private households. Korean Americans are the most likely to be
uninsured of any racial or ethnic group. In addition to the
financial barriers to the working poor purchasing individual
health insurance, the 1996 Welfare Reform Act excluded many
Asians immigrants living in poverty from federal- and/or
state-funded Medicaid programs. Furthermore, as described in
Chapter One of this report, those who remain eligible for
Medicaid do not apply for fear of adverse immigration
consequences. In California, since welfare reform, there has
been a 33% decrease in Medicaid coverage among Asian Americans.
As a result, selected sub-populations of Asians are more likely
to be without health insurance, and this lack of health
insurance causes some Asian American women to become frequent
users of hospital emergency rooms.
2. Language
Barriers to Care
Language
barriers impede clear communication that is vital to ensuring
the delivery of quality health care. Linguistic accessibility
means that service delivery sites must utilize appropriately
translated forms, educational materials, signs and posters.
Since over 60% of the Asian immigrant population is
limited-English proficient, the lack of linguistically
accessible services poses a serious impediment. There are far
too many anecdotal accounts of immigrant children having to
interpret for their mothers at the doctor’s office. Sometimes
interpreters are found at random. For example, a 52-year-old
Korean-speaking woman had a gynecology appointment at a county
hospital. A community-based agency called ahead to request a
Korean language interpreter for her. She arrived at her
appointment, but the hospital did not provide an interpreter or
bilingual worker. Instead, the hospital staff asked a
16-year-old boy sitting in the waiting room–a complete
stranger–to be the interpreter for her gynecology appointment.
In one of the
most extreme examples of a health care breakdown due to lack of
language accessible services, a 51-year-old mother of seven was
imprisoned for 10 months in Fresno, California because she
failed to take all her tuberculosis medication. She had stopped
because of severe side effects, and because, after talking to
county health interpreters who did not speak Lao, she thought
the medicine could kill her. She was arrested by police with
guns drawn. At the jail, a translator misunderstood and told
officials that she was suicidal. She was held in a cell with no
light, water, heat, or food for three days. After she became
acutely ill due to this mistreatment, she was taken to a
hospital where she was chained by her ankles to the bed. After
six months, the doctors diagnosed her as being noncontagious,
yet she was held another four months before a judge found that
she was being illegally detained.
3. Lack of
Culturally Competent Care
Despite growth
in and the diversity of the Asian American population, the US
health delivery system has not been able to meet the need for
culturally competent services. Culturally competent health care
requires having knowledge of cultural beliefs and practices,
including dietary and health care practices. It requires the
ability to introduce Western medical practices to non-Western
patients in a way that can be understood within their cultural
framework. It also encompasses incorporating traditional
treatments in clinical practice and health education. For
example, traditional practices such as acupuncture and herbal
medicines should be, but often are not, included in the
treatment of Asian Americans or covered by insurance. Yet, Asian
American women are more likely to use traditional health
practices and medicines than Asian men—69% versus 39%. By ethnic
group, nearly 96% of Cambodian women, 81% of Laotian women, and
64% of Chinese women use traditional health practices. Their
reliance on traditional medicines may explain the high
non-compliance with Western prescription medications. Instead of
viewing the non-compliance as lack of cooperation, health care
providers should be trained on how to incorporate traditional
health practices into their western clinical practices.
4. Barriers
Faced by Asian American Lesbians
As described in
more detail in Chapter Ten, Asian American lesbians face
multiple forms of discrimination based on race, gender, and
sexual orientation. One can hypothesize that as a result, stress
effects may be great for Asian American lesbians. Yet, the
author of this report found no health studies specific to Asian
American lesbians. Studies relating to the health of lesbians
generally have shown that lesbians have overall poorer health
than the general population, morbidity is greater among lesbians
than among heterosexual women, and lesbians use the health care
system less often than heterosexual women. In addition, lesbians
who do not disclose their sexual orientation may be at increased
risk for melanoma or other cancers due to psychogenic
suppression of the immune response. Chapter Ten also describes
the difficulties Asian American lesbians experience when they
“come out” to their families. However, there is no data to
determine how this stress affects the particular health care
needs of Asian American lesbians.
With regard to
the general lesbian population, it is known that lesbians
encounter discrimination by health care providers, such as
reluctance or refusal to treat, negative comments during
treatment, or rough handling during examinations. As a result,
the majority of lesbians, up to 72%, do not disclose their
sexual orientation when seeking medical care. Without knowledge
about a woman’s sexual orientation, physicians are unable to
provide appropriate, sensitive, and individualized health care.
For example, when seeing a gynecologist, she/he may assume that
the patient is heterosexual and asks questions that are
heterosexist, such as “Do you use birth control?” The doctor
will not know to ask questions about family history for breast
cancer given that women who do not have children may be at a
higher risk for this disease. Gathering accurate information
about sexual behavior history is an essential component of good
medical care. Yet, if a physician is not aware that a woman is
lesbian or is uncomfortable eliciting this information on sexual
behavior, she/he cannot advise, for example, on safe sex
practices or order tests for particular STDs.
The
Organizations
Most of the
Asian American organizations engaged in health care advocacy are
based in California, funded by the California Endowment or
California Wellness Foundation, but their advocacy work is
national in scope. Asian American health organizations in other
parts of the country primarily focus on providing direct
services or research.
The Asian
Pacific Islander American Health Forum (Health Forum) was
founded in 1986 and is based in San Francisco. The Forum
conducts public policy advocacy, capacity building for health
CBOs, and regional and national conferences on APIA health. It
currently has four projects: HIV Capacity-Building Assistance
Program, National Cancer Survivors Network, Center for Census
Information and Services, and Tobacco Education Network. In its
projects, the Health Forum partners with health CBOs and local
clinics throughout the country, provides technical assistance
(including review of health promotion literature for cultural
competency) and trainings, and acts as an intermediary with
federal agencies, particularly within Health and Human Services.
As the intermediary, it keeps the CBOs informed on policy,
legislative, and regulatory changes that affect provisions of
health services and acts as the advocacy arm of the CBOs,
conveying to the federal agencies the specific health care
issues facing Asian Americans and their providers. The Health
Forum had a Women’s Information Network (WIN) project that
networked with APIA women’s organizations, published a
newsletter, and reviewed multi-lingual health outreach and
education materials related to Asian women’s health. Funding for
WIN ended and the Health Forum folded advocacy on women’s health
issues into its overall work. It is the fiscal sponsor for the
Asian American Pacific Islander Domestic Violence Institute.
The National
Asian Women’s Health Organization (NAWHO) approaches health from
a “rights” perspective, with a focus on access to health. It
conducts research to assess health disparities among Asian
American women and widely disseminates results to policymakers,
health care providers, and government health agencies. It
conducts train-the-trainers programs on cultural competency,
creates curricula, and educates policymakers through media
briefings. An example of a successful campaign is the research
it conducted on prevalence of smoking among Asian Americans.
Through media work publicizing the results, the Center for
Disease Control, which initially refused to fund NAWHO based on
their belief that “Asians don’t smoke,” released funding for
people of color organizations to engage in education and
outreach work in their communities. NAWHO’s breast and cervical
cancer program has developed cultural competency curriculums for
and also provides train-the-trainers programs to state health
care officials and personnel and staff of the American Cancer
Society and their affiliates from eight states.
Recommendations
for Action
The best way to
achieve health is through the “public health” model where health
providers and their patients work in partnership to move
patients from “communities of recovery” to “communities of
resistance”, best described by the feminist bell hooks. For the
Asian American communities, advocacy is needed to address the
specific barriers to women’s empowerment over their own health
care, including advocacy for the following:
Culturally
competent research and data disaggregated by ethnic group, to
assess and understand the particular health needs of Asian
American women. The research agenda should take into account the
health crisis present in certain specific sub-populations of
Asian American women.
Educating
health care providers, public and private, of the high-risk
diseases present among different ethnic groups in order to
overcome stereotypical assumptions that preclude the provision
of high-quality and appropriate medical care.
Training health
care providers to better understand their patients’ culturally
related health beliefs and medical practices in order to
incorporate them into treatment plans and/or to better explain
western treatments to patients.
Educating Asian
American women to understand the health issues specific to them
to enable them to be proactive in the prevention, early
detection, and treatment of high-risk diseases.
Providing
linguistically accessible services, including hiring of
interpreters and bilingual health care workers, so that women
can communicate with their health care providers.
Researching and
studying the health status and needs of Asian American lesbians.
Footnotes
1 Asian Pacific
American Islander Health Forum, Women’s Health Watch Newsletter,
Summer 1997.
References
American Heart
Association, Biostatistical Fact Sheets, Leading Causes of Death
for Asian/Pacific Islander Females United States: 1998
Asian Pacific
Islander American Health Forum, Making Managed Care Work for
Asian and Pacific Islanders, an Action Agenda for Asian Pacific
Islander American Communities, Nov. 21, 1997
Brown, E.R.,
Ojeda, V.D., Wyn, R., and Levan. R, Racial and Ethnic
Disparities in Access to Health Insurance and Health Care. UCLA
Center for Health Policy Research and Kaiser Family Foundation,
April 2000
Gonen, Julianna
S., Ph.D, Managed Care and Unintended Pregnancy: Testing the
Limits of Prevention, Insights, Jacobs’s Institute of Women’s
Health, July 1997 – No. 3
Kuoch, Theanvy,
Khmer Health Advocates, Inc., Health Crisis in the
Cambodian-American Community (a working paper), date unknown
Luluquisen ,
E.M,. Groessl, K.M, and Puttkammer, N.H., The Health and
Well-Being of Asian and Pacific Islander Women. Oakland, CA:
Asian and Pacific Islanders for Reproductive Health, 1995
National
Women’s Law Center, et al., Making the Grade on Women’s Heath, A
National and State-By-State Report Card, August 2000
Nowrojee, Sia,
and Silliman, Jael, “Asian Women’s Health: Organizing a
Movement” from Dragon Ladies: Asian American Feminists Breathe
Fire, Sonia Shah, Ed. (Boston: South End Press, 1997), p. xii-xxi
Penserga,
Luella , “Health Profile of Asian and Pacific Islander Women:
Legislative Briefing on Women’s Health,” Asian and Pacific
Islander American Health Forum, March 12, 1997
Srinivasan,
Shobha , Asian and Pacific Islander Women’s Health: A Review of
the Literature, Annotated Bibliography on Asian and Pacific
Islander Women’s Health, Asian and Pacific Islander American
Health Forum, 1998
Suh, Dong, and
Penserga, Luella J., Riding the Waves of Change, Improving the
Health of Asian and Pacific Islander Women under Medi-Cal
Managed Care Expansion, Policy Report of the Asian Pacific
Islander American Health Forum, December 1996
Women of Color
Health Data Book: Adolescents to Seniors, Office of Research on
Women’s Health, National Institutes of Health, US Department of
Health and Human Services, Date unknown,
http://www.4woman.gov/owh/pub/woc/toc.htm
Wong, Doreena,
Testimony Before the President’s Advisory Commission on Asian
Americans and Pacific Islanders at the AAPI Lesbian, Bisexual
Women, and Transgender Community Forum Health and Well-Being
Panel, Health Access and Physical Health Issues, San Francisco,
CA, November 13, 2000
Part 2, Chapter
6
Sexual and
Reproductive Freedom for
Asian American Women
Introduction
For women,
sexual freedom is the right to be a sexual being, free from both
the patriarchal constraints of uncontrolled pregnancy or the
mandate to be heterosexual.1 Control over sexuality and
reproduction are inextricably interrelated.2 Society’s
deep-seated antagonism toward women’s sexual freedom has limited
the discussion regarding women’s reproductive health and rights
to a narrow focus centered on control over women’s procreative
functions. But, to deny a woman control over reproduction and
force her to remain pregnant against her will is, in essence, to
force her into a form of slavery. She becomes the involuntary
vessel for someone else’s desire for procreation.
The choice of
whether or not to have an abortion is fundamental to women
attaining full status as persons. In Roe v. Wade, the Supreme
Court provided the right to abortion and as well as a
constitutional basis for women’s liberation, gender equality,
and the capacity to participate equally in society as full
persons. However, in the United States powerful social forces
attack this constitutional right; their objective goes beyond
assuring that motherhood is the primary occupation of women. The
core of the attack is antagonism to women’s sexual freedom.
Women’s sexual freedom, well-being, needs, and rights have only
recently been recognized and incorporated into public debate.
Women have been disadvantaged in making sexual choices,
exercising their rights with partners, and negotiating safer
practices in personal relationships.
Reproductive
freedom and the notion of “choice” for Asian American women
encompasses more than the decision of whether or not to have an
abortion. It also includes a broader framework of racial,
gender, and economic justice. Reproductive freedom includes the
struggle for the very existence of Asian women in America, their
right to establish families and communities, having and making
reproductive “choices” freely, having control over the gender
and number of children born, the right to culturally relevant
sexuality education, and freedom from environmental exposures
that affect women’s overall and reproductive health.
Silence about
Sex and Sexuality
How do Asian
Americans view sexual freedom and other matters related to
sexual health and well-being? Questions about attitudes on these
topics have not been asked explicitly. However, there is
evidence that suggests that, by and large, Asian Americans are
“pro-choice.” In a 1991 survey by the Asians and Pacific
Islanders for Reproductive Health, 77% identified themselves as
“pro-choice” and an overwhelming majority of the over 1,000
respondents were supportive of a woman’s right to choose
abortion under varying conditions. The survey did not inquire as
to the basis for their pro-choice feelings and it remains
unclear whether the beliefs expressed are based on a woman’s
right to sexual freedom or on other grounds. In certain Asian
American communities, sex is as much a taboo topic, if not more
so, as in the general American population. Asian American
lesbians have explained that one of the reasons it is so
difficult to come out to their parents is that sex is not a
topic that is usually or openly discussed in their families,
especially outside the family, i.e., publicly. In some Asian
cultures, women are not seen as sexual beings; they have sex for
the purposes of reproduction or as a marital obligation, not for
pleasure. To be a lesbian is to choose to be a sexual person and
some Asian American parents are shocked and have a difficult
time accepting this. Sexism allows male children greater freedom
to express their sexuality and independence than female
children.
The dialogue
around sexuality is very new. Perhaps the first time that people
of color convened nationally to discuss sexuality in their
communities was in February 2001 when the Ford Foundation
invited experts and activists from around the country to engage
in a dialogue. Given that these issues have only recently moved
from behind closed doors, there are no specific studies on Asian
American women’s sexual rights and well-being. Hence, this
report can only note the importance of this emerging issue for
Asian American community and the need for resources to examine
and investigate how sexuality is defined and the patterns of
sexual behavior in different Asian American communities. This is
critical for determining how views of sex and sexuality
contribute to reproductive health and social problems discussed
in this and the following chapter on domestic violence.
Obstacles to
Reproductive Freedom for Asian American Women
Government
Policies to Control the Asian American Population
Ever since
there have been Asians in the United States, the government has
created laws and policies to control the size and existence of
Asian American populations. When Asians first arrived on US
shores, Asian male indentured servants were prohibited from
having families. The Page Law of 1875 was the first federal
anti-Asian Exclusion Act aimed specifically at barring Chinese
women from joining Chinese men working in the US.
Anti-miscegenation laws and the Chinese Exclusion Act further
prevented family formation and reproduction among Asians in the
US. Similar policies were also applied to Filipinos. (See
Chapter Nine on Hawai’i.)
Today,
anti-immigrant sentiments play out differently, but nonetheless
aim to control the population of Asian and other immigrant
communities of color. Groups such as the Carrying Capacity
Network and the Federation of Americans for Immigration Reform,
and segments of groups like Zero Population Growth and the
Sierra Club, now use overpopulation and environmental reasons to
argue for drastically reduced immigration quotas from countries
that have been utilizing the “family reunification” application
process. The 1986 Immigration Marriage Fraud Amendments (IMFA)
(described more fully in Chapter Seven on domestic violence)
made it more difficult for immigrant women to obtain lawful
permanent residence status which is a prerequisite to
citizenship. The IMFA is a legacy of the Page Law of 1875; its
passage was in large part based on testimony in Congressional
hearings about women from Asia allegedly entering into
fraudulent marriages with US citizens in order to enter the US.3
Lingering
Traditions of Male Preference
First-generation Asian American women often experience
reproductive oppression when their husbands and extended
families put both overt and subtle pressure on them to bear a
male child. It is widely known that unwanted girl babies are
abandoned all over Asia every day and that women who bear only
girl children are accorded less respect. In many cases, women
are pressured into having more children than the family can
economically support until a male heir is born.
The devaluation
of girls and adult women until they bear male children has led
to the practice of aborting female fetuses in certain Asian
countries. In China, because of its one-child policy, women use
ultrasound or amniocentesis to determine the gender of the fetus
in order to abort female fetuses. Similar attitudes and
practices can be found among some Asians who migrate. In an
example from Canada, South Asian women activists waged a huge
and successful fight to shut down private prenatal testing
clinics that were set up to assist South Asian families in
determining the sex of the fetus in order to abort female
fetuses. In the US, a study of prenatal testing done at the
University of California, San Francisco, found that Asian and
white women undergo prenatal diagnosis for chromosomal disorders
at a significantly higher rate than Latinas and African
Americans. Experts speculate that the low use of prenatal
testing by Latinas may be due to Catholic religious beliefs.
African American women may avoid such tests due to historical
experiences with sterilization abuse, eugenics politics, and the
infamous Tuskegee Institute study that allowed African American
men affected with venereal diseases to go untreated. In
contrast, Chinese women had high utilization rates for prenatal
testing, including amniocentesis. Experts speculate that the
practices resulting from China’s one-child policy influence the
acceptance and use of prenatal testing. The use of such
reproductive technologies begs the following questions:
Should sex
selection and abortion of female fetuses be a woman’s choice?
Is sex
selection a form of reproductive repression rather than freedom
of choice when women internalize sexist and patriarchal beliefs
about the lesser value of girls or pressures are put on them to
abort their less valued female fetuses?
These issues
are not addressed by mainstream reproductive rights activists
and are only beginning to be addressed by Asian American women’s
groups.
Limited Choice
of and Access to Reproductive and Sexual Health Care
1.
Contraceptive Abuse
True
reproductive “choice” means that Asian women are able to utilize
family planning, fertility and abortion services in their
languages, and have their needs met without fear of being denied
access to or coerced into using one form of reproductive
technology over another. There is anecdotal evidence that Asian
women may be victims of contraceptive abuse. For example, it is
widely known within the Asian community and Planned Parenthood
clinics that Depo-Provera, a contraceptive injection given every
three months, is the most popular contraception for Asian women.
However, it is also a form of birth control that has many
potential side effects. Each of these following questions about
why the use of Depo-Provera is so widespread suggests an
underlying injustice around the limited reproductive rights and
choices low-income Asian women experience when they “choose”
this form of birth control.
Is Depo-Provera
popular because of the wide promotion and use of this form of
family planning in Southeast Asian refugee camps and in those
countries where it first appeared in the market?
Is there a
greater need among Asian women for an invisible form of birth
control to hide from one’s spouse/extended family?; or
Is
Depo-Provera’s popularity because it is a convenient,
low-maintenance method which requires less time and health
education effort from overburdened health providers?
2. Abortion
Financially
strapped nonprofit and public hospitals that provided abortion
services are being merged into or bought by Catholic hospitals.
Because of their religious doctrines, Catholic hospitals are
eliminating access to abortions, to emergency contraception, and
sterilization at their newly acquired hospitals.4 Sterilization
is the most commonly used form of birth control for American
women–28% of all women undergo contraceptive tubal ligation.
This number leaps to 41% among poor women. Large numbers of
low-income Asian American women without insurance who relied on
the nonprofit or public hospitals are losing access to abortion
and family planning services. There is also a growing strategy
of anti-choice groups such as the Christian Coalition to recruit
Asian community churches, especially those with immigrant or
refugee memberships, to take on anti-gay and anti-choice
political causes.
Language and
cultural access is an issue for Asian American women. According
to clinic providers, for the most part the Planned Parenthood
clinics and other public family planning providers are aware of
the need to provide language access for limited-English speaking
women. However, such clinics are only equipped to handle
early-term/first trimester abortions. Given the overall lack of
providers that perform late-term abortions, it is usually the
most isolated limited-English speaking women with the least
access to family planning services or prenatal services who, in
their third trimester, end up seeking but having even narrower
opportunities to end unwanted pregnancies.
3. Medicaid
Managed Care
The shift by
Medicaid to managed care plans has interfered with the ability
of low-income women to receive time sensitive services such as
prenatal care, abortion, and contraception. Under managed care,
services may be delayed when a primary care provider is required
to give prior authorization for visits to obstetricians and
gynecologists. Allowing women to choose obstetricians and
gynecologists for primary care is one solution but these doctors
often cannot treat a woman for other illnesses. Many states
allow self-referrals to obstetric and gynecological services but
place limitations on the number or types of visits. The emphasis
on care coordination between providers may conflict with the
confidentiality concerns of women who go to a family planning
provider (FPP) instead of their regular doctors because they may
not want other family members to know. Basic information such as
the right to go to an out-of-plan provider or even which FPPs
are part of the plan is not being distributed.
For low-income
women, many reproductive care services are not covered by
Medicaid managed care (MMC) plans even though the state has
authorized these services as a covered benefit. FPPs have had
difficulties obtaining reimbursement for most costly
contraceptives such as Depo-Provera and Norplant and
sterilization. In one state, the managed care plans routinely
ignore claims for reimbursement for STD diagnosis and treatment.
FPPs, including community-based providers in Asian American
communities, are experiencing growing financial difficulties
when they treat women enrolled in managed care but are at best
partially reimbursed. In addition, multilingual translation
services are not being fully reimbursed.
4. Domination
of Western Medical Practices
Many
traditional maternal health practices that empower Asian women
throughout the birth process are being denied Asian American
women because they conflict with predominant Western medical
practices. For instance, Hmong women will search far and wide
for doctors who do not “cut” during the birthing process and
allow them to squat during birth. The custom of saving the
placenta after a birth for burial in a special site is not
honored in today’s hospitals; they consider the placenta a
“biohazard.” The common practice of offering ice chips and ice
water during labor is antithetical to widespread Asian beliefs
about the harm from exposure to coldness. For women who believe
in these practices, the lack of support by the medical
establishment means their birth experience and reproductive
freedom are compromised.
5. Sexual
Health Care
Health must
also include sexual well-being, that is, the right to a
satisfying and safe sex life, with healthy and pleasurable sex
for both men and women. There needs to be a construction of
sexuality that portrays women as equal sexual partners
responsible for their well-being and health, and provision of
information and services that enhance women’s capacities to
safely negotiate their sexual encounters. The taboo in many
societies and people’s association of shame, guilt, and secrecy
in discussing sex hinders the development of this more healthy
view of sexuality. Taboos around sexuality also create barriers
to improving reproductive health by hindering discussion about
the extent of HIV/AIDS transmission and by extension, the
development of prevention strategies.
Cultural
Acceptance of Teen Pregnancy
According to a
recent California Wellness Foundation study, teen pregnancy in
some Asian American sub-populations is on the rise. The highest
teen birth rates in California are among Laotian girls (8.7%).
According to the Women’s Association of Hmong and Lao in
Minnesota, among Hmong girls between ages 15 to 19 in Twin
Cities high schools, 50% have had children or become pregnant
before they graduate. These pieces of data do not square with
the August 2000 Centers for Disease Control (CDC) report that
announced the lowest teen birth rates in 60 years for women ages
15 to 19: 4.96 percent for women of all ages and 2.28 percent
for Asian women. The data was not disaggregated by ethnic group
and as a result, the CDC report gives the public health
community the impression that teen birth rates are very low
among Asian girls. These misleading statistics have made it
difficult to finance teen pregnancy prevention programs in the
Southeast Asian communities where teen pregnancy rates are high.
Mainstream
pregnancy prevention programs are based on the premise that teen
pregnancy is a pathology. But counselors who work with girls in
Southeast Asian communities with high teen birth rates find that
it is not financial barriers, ignorance of birth control, lack
of access to family planning services, or peer or boyfriend
pressure to have sex that cause teen births. Rather, the high
birth rates among certain Southeast Asian girls is the result of
cultural traditions, such as among the Hmong and Mien, that
encourage or pressure girls to marry at a young age and to have
children in their teens. This is often seen as a rite of passage
and a woman is not given respect and authority within her family
and community until becoming a mother. For Cambodian teens, the
primary reason for becoming a mother was to gain respect and
authority within their families. However, some teenage girls are
fighting against early marriages that often condemn them to a
life of poverty and cut off their dreams to full personhood.5
For example,
programs such as the San Francisco-based Asian Women’s Shelter
and Oakland-based Narika have assisted teenagers who have
resisted forced arranged marriages by escaping from their
families. Narika has an outreach program on forced arranged
marriages, conducting workshops for teens as well as with
community members and leaders to raise awareness about the
impact of forced arranged marriages on teens. The Women’s
Association of Hmong and Lao (WAHL) also has a teen pregnancy
prevention program, which is described in Chapter Eight, Hmong
Women in the US.
Environmental
Toxins’ Impact on Healthy Birth Outcomes
Freedom to have
healthy births also is linked to living and working in
environments free of toxins. An emerging body of literature
supports claims that past exposure to military bombs, Agent
Orange (a powerful herbicide), and DDT (a long-banned pesticide
in the US but used widely in Southeast Asia and in refugee camps
during and after the Vietnam War) causes poor reproductive
health outcomes among Southeast Asian women. Ironically, after
escaping the war, because of their need to resettle in low-cost
housing areas, many of these same women and their families now
live in the shadows of the refineries and chemical manufacturing
plants that once produced these toxins. Moreover, large numbers
of Asian women work in high-tech manufacturing where they are
more vulnerable than the general population to chemical and
heavy metal exposures that lead to miscarriages or birth
defects. (See Chapter Four: Other Low-Wage Workers.) There are
disproportionate levels of pollutants in these communities and
little research has been conducted regarding the effect of these
toxins. In part because of a fear of entering into discussions
that require acknowledging that a fetus be given legal standing,
mainstream reproductive rights activists have shied away from
taking on issues relating to unhealthy workplaces and the links
to women’s reproductive health.
An additional
challenge in attaining environmental and reproductive justice
for Asian women is the fact that scientific research is
inconclusive as to causation, that is, whether the illnesses
that Asian women are having today are a result of exposures that
happened many years ago in their countries of origin. Their
health status is also intertwined with the effects of the
overall lack of health care and poverty in the US. In addition,
most primary care providers are not trained in screening for
environmental or occupational health diseases. Thus, many of the
effects of these exposures are undetected and go untreated for
many years and across generations.
The
Organizations
Grass Roots
Organizing
California-based Asians and Pacific Islanders for Reproductive
Health (APIRH) believes that if women are to have true
reproductive freedom, they must have the economic, social, and
political power to make healthy decisions for themselves and
their families at work, home and all other areas of their lives.
Key strategies that APIRH employs include community organizing,
leadership development, popular education, community building
and participatory action research. Two campaigns waged by APIRH
to protect the safety and reproductive health of API girls and
women exemplify these strategies. For instance, in 1998, after
an incident with a male teacher who sexually harassed several
girls, Cambodian teenage girls in APIRH’s Health, Opportunities,
Problem-Solving & Empowerment (HOPE) project in Long Beach
successfully waged a two-year research and action campaign that
resulted in a citywide taskforce on school safety and stronger
anti-harassment policies that are now enforced throughout the
Long Beach School District. In early 2001, APIRH played a
leadership role in stopping toxic dioxin emissions from a
medical waste incinerator located in Oakland between Interstate
880 and Alameda. In this campaign, HOPE members increased the
visibility of reproductive health issues related to the toxic
emissions and within the grassroots environmental justice
movement. APIRH members also recently published the first
Reproductive Freedom Tour Guide which identifies toxic sites in
Oakland that pose concern to the reproductive health of
low-income API young women. Currently, APIRH is working with
other organizations to increase the base of API women and girls
involved in the reproductive rights movement.
Coalition Work
The Asian
Pacific Environmental Network (APEN) has also worked with
environmental groups and environmental justice organizations to
counter the policy, public relations, and editorial campaigns
that were being waged by anti-immigration population control
groups posing as environmentalists. Whenever these groups
lobbied or paid their way into speaker slots at environmental
law and student conferences, APEN along with other immigrant
rights and friends in the environmental movement worked to
provide a counter perspective. These strategies successfully
helped to expose the anti-immigrant, racist agenda behind these
organizations.
Recommendations
for Action
Ensure that the
voices of the vast majority of Asian Americans who are
pro-choice are heard in order to counter inroads being made by
social conservatives and Asian churches. The communities’
widespread support for a woman’s right to choose is important to
provide an alternative message to young Asian American girls
that motherhood is not their only path to respect.
Break down the
taboos to discussing sex in Asian American communities so that a
more healthy view of sexuality can develop. Begin dialogues
regarding Asian American women’s sexuality, rights, and needs.
Examine how sexuality is defined and how patterns of sexual
behavior hinder the ability of women to be equal sexual
partners.
End the abusive
practices of sex selection and pressuring women to have more
children than they want through work on transforming cultural
norms. (For examples see descriptions in Chapter Seven: Domestic
Violence and Chapter Eight: Hmong Women in the US.)
Provide
language services that allow women access to safe and legal
abortions. Address issues in the Medicaid managed care system
that delay or make it difficult for service providers to get
reimbursed for using translators when providing care.
Develop teen
pregnancy prevention programs that address the specific
community and cultural values Asian American girls encounter,
i.e., by addressing the root causes that lead to teen births in
low-income South Asian and Southeast Asian sub-populations.
Integrate
traditional Asian and Western sexual and reproductive health
practices.
Conduct
research on the effects of toxins on the reproductive health of
Asian American women.
Footnotes
1 Same-sex
relationships also threaten the traditional hegemony of men in
the sexual pecking order. The potential for women to have sexual
pleasure and to construct relationships and communities without
men changes the balance of sexual power in familial relations,
precisely the arena most resistant to egalitarian intervention.
2 In the early
abortion cases, some advocates pressed this argument and
emphasized the differential punishment women suffered as a
consequence of sexual activity enjoyed at least as much by men.
But antagonism by the courts toward sexual freedom is very deep.
Thus, in Roe v. Wade, advocates relied primarily on and the
Supreme Court chose the right of privacy as the constitutional
basis to protect a woman’s right to abortion, and not the 13th
Amendment prohibition against servitude and slavery.
3 The 1996
welfare reform package also contained provisions affecting the
reproductive rights of Asian American women. These lesser-known
provisions of the welfare reform package are conservatives’
efforts to control the fertility of poor women of color. For
example, the “family caps” or “child exclusion” policy allows
states to withhold cash benefits to discourage women from having
more children while on assistance. In addition, by providing
monetary incentives, states are encouraged to reduce
out-of-wedlock births.
4 In June 2001,
the National Conference of Catholic Bishops declared that
sterilization (tubal ligation and vasectomy) is “intrinsically
evil” and voted 207 to 7 to prohibit sterilization from being
performed in any Catholic-run hospital. The new policy affects
all of the nation’s 1,140 Catholic health-care facilities, which
treat 85 million patients annually. In California, Catholic
hospitals are a major source of health care. Catholic Healthcare
West is the single largest hospital operator in California, with
over 12% of the state’s general care hospitals.
5 Teenage
mothers face awesome challenges and poor life prospects.
Children of teenage mothers are more likely than children of
later child-bearers to have health and cognitive disadvantages
and to be neglected or abused. Census data from the 1995 special
tabulation indicates that 33% of single female heads of
households are living in poverty, compared to 11% of single male
heads of household and 7% of married households. Particularly
with the elimination of welfare as an entitlement for single
mothers with children, funding for teen pregnancy prevention
programs is needed more than ever.
References
Asians and
Pacific Islanders for Choice, 1992, The Asian/Pacific Islander
Reproductive Health Survey 1991-1992
Banzhaf,
Marian, “Welfare Reform and Reproductive Rights: Talking about
Connections” presented to the National Network of Abortion
Funds, June 11, 1999
Barron, Sandy,
“Sick and dying in Cambodia: Postwar public health system sinks
into decay, pestilence,” San Francisco Chronicle, Oct. 19, 1998
Copelon,
Rhonda, From Privacy to Autonomy: The Conditions for Sexual and
Reproductive Freedom, printed in From Abortion to Reproduction
Freedom, Transforming a Movement (Marlene Gerber Fried, ed.,
Boston, MA, South End Press 1990)
The Ford
Foundation, Sexuality and Reproductive Health: Strategies for
Programming, January 2001
Gay, Jill,
Workshop Report for Ford Foundation’s Roundtable on Sexuality
Issues in Communities of Color, unpublished draft, March 14,
2001
Gonen, Julianna
S., Ph. D, Managed Care and Unintended Pregnancy: Testing the
Limits of Prevention, Insights, Jacobs’s Institute of Women’s
Health, July 1997 – No. 3
Ikemoto, Lisa
C., Lessons from the Titanic: Start with the People in Steerage,
Women and Children First, in Mother Troubles: Rethinking
Contemporary Maternal Dilemmas (Julia E. Hanigsberg & Sara
Ruddick eds., Beacon Press 1999)
Jaffe, Robert,
Benjamin, Elizabeth and Hickley, Elizabeth, “Reshaping
Reproductive Health, A State-by-State Examination of Family
Planning Under Medicaid Managed Care,” The Institute for
Reproductive Health Access, A Program of the NARAL/NY
Foundation, 2000
Kuppermann M.,
Gates E., and Washington, A.E., Racial/ethnic differences in
prenatal diagnostic test use and outcomes: Preferences,
socioeconomics or patient knowledge? Obstetrics and Gynecology
1996; 87:675-682
Lattin, Don,
Vatican pushes birth control edit despite court ruling, San
Francisco Chronicle, July 8, 2001
National
Academy Press and Veterans and Agent Orange: Health Effects of
Herbicides Used in Vietnam, Institute of Medicine, National
Academy of Sciences, National Academy Press, Washington DC 1994
Peffer, George
Anthony, If They Don’t Bring Their Women Here: Chinese Female
Immigration Before Exclusion, University of Illinois Press 1999
Roberts,
Dorothy, “Punishing Drug Addicts Who Have Babies: Women of
Color, Equality, and the Right of Privacy,” Harvard Law Review,
Vol. 104: 1991
Ross, Loretta,
“African-American Women and Abortion” in Rickie Solinger (ed.),
Abortion Wars: A Half Century of Struggle, 1950-2000. (Berkeley:
University of California Press 1998)
San Francisco
Chronicle, “The Vietnamese Victims of Agent Orange,” January 14,
1996
Veterans and
Agent Orange, Update 1996, Committee to Review the Health
Effects in Vietnam Veterans of Exposure to Herbicides, Institute
of Medicine
Part 2, Chapter
7
Domestic
Violence and
Asian American
Women
Prevalence of
Domestic Violence Against Asian American Women
A woman is
physically battered every nine seconds in the United States. One
out of three women reports physical abuse at the hands of an
intimate partner at least once in their lives. Every year, an
estimated 1.5 to 3.9 million women are physically abused by
their partners. In all intimate relationships, both heterosexual
and lesbian, domestic violence occurs 20 to 25% of the time.
Domestic violence occurs in every community regardless of race,
ethnicity, class, or sexual orientation. Yet, domestic violence
is an underreported crime.
For Asian
American communities, the paucity of data makes it even more
difficult to estimate the prevalence of partner abuse. This
report extrapolates from the few specific studies that do exist.
The studies indicate that domestic violence is at least as
prevalent in the Asian American population as the general
American population1 and may be higher in certain Asian
subgroups.2 For example, in Chicago, a survey of 150 Korean
women found that 60% reported physical abuse. The data also
suggests that Asian American women may be at higher risk for
fatalities related to domestic violence than women in the
general population. For example, Santa Clara County in
California is comprised of 17.5% Asians. However, between 1994
and 1997, almost one-third of the 51 deaths related to domestic
violence occurred among Asian women, the highest of any ethnic
group. In Massachusetts, Asians constituted three percent of the
population. However, in 1997, 18% of Massachusetts residents
killed as a result of domestic violence were Asian.
Safety Needs
Neglected
What accounts
for the higher fatality rates related to domestic violence for
Asian American women? Why are the safety needs of Asian American
women not being met by the systems that exist? To date, there
has been no research to answer these questions. We do know that
Asian American women in abusive relationships face different
challenges than white women who speak English and are American
citizens, for whom most shelter and outreach programs are
designed. Asian American women, the majority of whom are
foreign-born immigrants with different languages and cultures,
experience numerous institutional barriers to seeking safety.
The categories of safety-related challenges particular to Asian
American women–ill-equipped shelter programs, language barriers,
laws that discriminate against immigrants, cultural values that
lead to violent behavior, and barriers to safety for Asian
American lesbians-are described below.
Lack of
Culturally and Linguistically Accessible Services
1. Limited and
Inadequate Shelter Space
Shelter space
in general is limited, but those with the capacity to serve
Asian women’s language needs and who make their facilities
culturally supportive for an immigrant women are in extremely
short supply. In Massachusetts, out of 35 women’s shelters, only
two have Asians on staff. Some shelters do not accept
non-English speaking women at all. The Asian Women’s Shelter
(AWS) in San Francisco has the capacity to help
non-English-speakers but is forced to turn away 600 individuals
each year. This number represents 75% of the women who contact
the clinic. Moreover, mainstream women’s shelters are not
designed for women with more than one or two kids.3 Hmong women
in the St. Paul/Minneapolis area who have larger than average
families were not able to make use of most shelters until Asian
Women United designed a shelter to accommodate larger families.
Asian Health Services, an Oakland community health clinic,
believes that these institutional barriers are so formidable
that only two out of 10 Asian American women patients who
experience abuse actually find refuge in a shelter. This ratio
is low compared to the mainstream population.
2. Lack of
Accurate Interpretation
Police who
respond to domestic violence calls are seldom bilingual and
often do not bring interpreters with them. They seek to
communicate with someone who speaks English and that is often
the husband. As a result, in many cases the Asian woman’s story
goes unheard. In some instances, children, family, and friends
have inappropriately been asked to interpret. When those close
to the situation have judgmental attitudes and/or fear
retaliation by the abuser, they often engage in victim-blaming
and are unable to accurately or completely convey the women’s
perspective. An example of the tragic results of inadequate
translation occurred in the state of Washington. A battered
woman’s estranged husband threatened her with a gun, with the
intention to kill her. Because of the lack of adequate
translation, the abuser was never prosecuted because the police
did not obtain statements from the victim and two witnesses with
sufficient detail for the prosecutor to proceed. A year after
the incident, the abuser killed his wife.
In addition,
many Asian women come from countries where police and other
institutions do not respond to domestic disputes, which
contributes to the lack of reporting. Moreover, the US criminal
justice system is viewed as discriminatory toward immigrants,
people of color, and other minorities and this also creates
negative perceptions that prevent women from seeking police
protection when necessary.
3. Lack of
Services for Batterers
In most parts
of the US, linguistically and culturally accessible intervention
programs for batterers from the Asian community do not exist.
Court sentences for batterers that require mandatory
participation in such programs are rendered meaningless if no
such program exists in the batterers native tongue.4
Laws That Traps
Asian Women in Violent Domestic Situations
1.
Anti-Immigrant Legislation
Anti-immigration legislation poses the most difficult barrier to
Asian immigrant women seeking safety. Prior to 1986, a US
citizen husband could petition for and obtain lawful permanent
residence status (a green card) for his immigrant wife
immediately after marriage. However, in 1986 Congress enacted
the Immigration Marriage Fraud Amendments (IMFA) that created a
new conditional residence status requiring that an immigrant
spouse must stay married to a citizen spouse for two years. At
the end of two years, the partners must file a joint application
to adjust the conditional status to permanent status. As a
result, some immigrant women were trapped in violent domestic
situations, unable to leave out of fear that their husbands
would become unwilling to cooperate in jointly filing the
application, thereby rendering them undocumented and thus
subject to deportation at the end of the two years.
In 1990,
Congress enacted the Battered Spouse Waiver to remedy the
unintended consequences of the 1986 law after powerful
documentation of the physical, emotional, and economic abuses
suffered by battered immigrant women was brought to light. The
Battered Spouse Waver allowed a battered immigrant woman to
leave her US citizen husband and “self-petition” for lawful
permanent residence without the cooperation of her husband. In
1994, Congress enacted the Violence Against Women Act (VAWA) to
provide broader protections to immigrant women, allowing any
woman, documented or undocumented, married to a citizen or green
card holder to self-petition if she is a victim of domestic
violence. When VAWA was reauthorized by Congress in 2000, other
barriers to the self-petition process were removed. These
included allowing divorced spouses to self-petition, allowing
abused wives living abroad to self-petition if married to
employees of the government or US military, and eliminating the
requirement to show extreme hardship to her or her children if
deported to her home country.5
2. Limitations
of the Battered Spouse Waiver and VAWA
The Battered
Spouse Waver and VAWA have been on the books for twelve to eight
years respectively. However, because of lack of education and
outreach, many monolingual women are unaware of these legal
protections. Many women are under the impression that their
batterers have complete control over their immigration status
and continue to live in dangerous and violent domestic
situations. In addition, there are not enough attorneys trained
in immigration law, family law, and domestic violence law to
deal with the most complicated VAWA cases, especially those
involving undocumented women. Even when a woman self-petitions,
she may not get the relief she seeks.
An attorney
from the Asian Law Caucus in San Francisco found that Asian
immigrant women have difficulty meeting the documentation
requirements for self-petitioning. For example, in order to
self-petition for permanent residence status after leaving an
abusive husband, immigrant woman must document the abuse through
either police reports or protective orders, record of time spent
at a shelter, or affidavits from friends. The extreme isolation
of many Asian immigrant women, their lack of awareness of the
availability of shelter programs or police protection, and the
language barriers to obtaining assistance from them, make it
difficult for them to use these channels to document the abuse.
In addition, because the crime of domestic violence is a
deportable offense, some Asian immigrant women hesitate to
report their batterers to law enforcement. These women often
must use only their own declarations and rely on the discretion
of INS officers. But an advocate who tracks VAWA cases
nationally notes that the INS has a great deal of discretion in
hearing a case, and even if the woman’s declaration is legally
sufficient, many INS officers in local district offices are not
sympathetic to the plight of battered immigrant women.
3. Restrictions
Created by Welfare Reform
Welfare reform
has resulted in serious financial barriers to Asian immigrant
women seeking safety. Recognizing that welfare programs serve as
an essential bridge to safety for women fleeing domestic abuse,
Congress created exceptions for battered immigrant women. For
example, a battered immigrant woman, even if she is
undocumented, is eligible for public benefits when she has a
pending VAWA or family sponsored petition. Battered women are
also exempted from the “sponsor deeming” requirements. Congress
also created the Family Violence Option (FVO), which allows
states to exempt a battered woman from TANF work requirements if
meeting these requirements would make it more difficult for the
woman to escape an abusive situation. FVO also permits the clock
on the five-year lifetime cap to stop running until the woman is
safe. Under FVO, a state can waive the paternity establishment
and child support requirements. However, the widespread,
erroneous impressions among both caseworkers and battered women
themselves that “immigrants aren’t entitled to any benefits
anymore” have kept battered women from applying and caseworkers
from accepting applications. There is anecdotal evidence that
caseworkers ignorant of FVO provisions have sanctioned battered
women for not complying with job search and work requirements,
and thus reducing or terminating their benefits. In addition and
as described in Chapter One of this report, fear of mandatory
reporting to INS and fear of becoming a deportable public
charge6 has also kept eligible Asian immigrants from applying
for public benefits.
Without a safety
net to keep them from falling into dire circumstances if they leave
the batterer, women remain in dangerous and violent situations. In a
report by the Family Violence Prevention Fund that chronicles the
effects of welfare reform, an advocate from Massachusetts relays:
“Many women are
afraid to apply for benefits because of the public charge issue.
We’ve heard of cases where someone received benefits only
briefly-just for the time it took to leave a dangerous
relationship-and was denied legal permanent residency by the INS and
put into deportation proceedings. To many women, it just doesn’t
seem worth it.”7
Welfare reform has
also resulted in shelters mistakenly believing that it is unlawful
to provide services to undocumented women and thus increasingly
denying services to battered immigrant women. In fact, emergency
medical care and shelters continue to be available to everyone,
regardless of immigration status. Some shelters also believe that
their funding streams preclude them from serving immigrant women
when in fact federal domestic violence funding carries no such
restrictions. Given the limited number of beds, some shelters have
chosen to provide services only where there is a guarantee of public
benefits reimbursement and to deny these services to immigrant women
whose eligibility for public benefits are in doubt. One Asian
women’s shelter director suspects that instead of fund-raising to
increase language capacity and transitional programs specifically
needed by immigrant women, these shelters justify discriminating
against Asian immigrant women by simply stating that their programs
cannot serve their needs.
Cultural Norms and
Values That Lead to Violent Behavior
1. Acceptance of
Violence Against Women
A survey conducted
by the Boston Asian Task Force revealed that 20-25% of the
respondents from the Cambodian, Chinese, Korean, South Asian, and
Vietnamese communities surveyed thought that violence against a
woman was justifiable in certain domestic disputes. The report also
found that a higher number of Asian men than women condone family
violence. Among Korean respondents, 29% (the highest percentage
among the five ethnic groups surveyed) felt that a battered woman
should not tell anyone. In general, Cambodian and Vietnamese
respondents believe that a battered woman should not leave or
divorce her husband. South Asian respondents felt that the woman in
marriage becomes her husband’s property and thus she cannot turn to
her family and/or parents to ask them to intervene. Older Chinese
respondents were more tolerant of the use of violence in certain
situations, and younger Chinese were less likely to see leaving and
divorce as viable options for battered women. Response patterns were
similar between the foreign-born and US-born. Moreover, these
attitudes permeate all sectors of a community, including those who
are supposed to protect battered women. One legal advocate who
represents battered women in Hawai’i was dismayed to hear female
interpreters at an immigrant social service agency siding with a
particularly violent batterer on the grounds that his estranged wife
was pregnant by another man.
In the home
countries of many Asian women, extended families often exert
collective pressure to prevent abuse of wives. However, migration to
the US broke up extended families and changed social practices to
the detriment of women who often rank lowest in the family
structure. In some communities this has resulted in the perversion
of extended families from protector to perpetrator. NARIKA, a South
Asian domestic violence resource center in Berkeley, has reported
that there are cases where entire families, extended and joint, get
involved in abusing a woman, with some members holding her down
while others do the hitting. Therefore, conventional legal
restraints, such as protective orders against the lone male abuser,
are of limited use-when there are multiple perpetrators-including
in-laws and other women in the family.
2. Cultural
Emphasis on Preserving Family
The notion of
having to preserve the family and “save face” often makes Asian
women more hesitant to leave and break up the family. Women in
abusive marriages are frequently blamed for not behaving or told to
tolerate the abuse in order to save face for the entire family or
clan. Because certain Asian communities are small and close-knit,
victim advocates from the communities often face harassment and
threats from the abuser and the family for helping women leave the
relationship and upsetting the social order. Also, this pronounced
belief in the sanctity of the family even in the face of violent
victimization, combined with a cultural antipathy toward divorce,
makes it more difficult for white shelter workers and advocates to
provide support and understanding to Asian women. As the
Boston-based Asian Task Force against Domestic Violence notes, “One
of the biggest and most important challenges to addressing family
violence within Asian communities is reconciling the differences
between Western ideals of independence and individualism with Asian
ideals of interdependence and group harmony.”
In addition, the
traditional Asian gender roles of male providers and female
homemakers are often disrupted by the American economy that requires
both partners to work outside the home. As described in Chapter
Eight, while this has been liberating for some Asian women, women’s
economic independence is seen as a threat to social orders that
privilege men and has, in some communities, contributed to a rise in
domestic violence.
3. Transforming
Culture
Culture is not
static, fixed, and unchangeable. Norms, values, and beliefs are
constructed in the interchanges between and among people within
cultural groups and are constantly evolving. As Asian immigrants, it
can be threatening in light of changes forced by relocating to the
United States, to think that cultures must also be changed from
within. Who will we be then? Will we disappear as a distinct social
group? There are aspects of Asian cultures that are worthy of saving
and passing on. There are others that must be transformed in order
to honor basic human rights-in this case, the right of women to be
free from domestic violence.8 In Asian American communities for
example, the emphasis on preservation of the family is worthy but
must be transformed so that it is achieved not by pressuring women
into staying in violent situations, but by changing the cultural and
social cues that sanction men’s use of violence to control women.
Thus, a number of Asian women shelters and outreach groups frame
their organizing work as “work to perpetuate the core values of each
Asian community that are positive and to eliminate those parts that
are no longer useful or healthy.”
Battered Queer
Asian American Women9
Domestic violence
is equally prevalent in queer Asian women’s relationships. However,
there is little research and data on same-gender relationship
violence10 and what does exist tends to underreport the incidents
involving queer Asian women.11 There are several causes for this
underreporting. In 1998 national and local focus groups held by the
Family Violence Prevention Fund and the San Francisco-based Asian
Women’s Shelter, queer Asian women divulged that they did not feel
safe reporting relationship violence to the police or authorities.
They feared that disclosing oneself as a lesbian being abused by
another lesbian may subject them to further abuse at hands of the
police. Many were hesitant to access service providers due to
sexism, racism, homophobia, language and cultural barriers, and fear
of disbelief among service providers. Queer Asian women often do not
feel safe even speaking to friends. They may also hesitate to report
their abusive partner because they do not want to further isolate a
woman who is already marginalized by society or subject her to a
homophobic, racist legal system and its consequences.
Even when abused
queer Asian women seek help, they find that the vast majority of
domestic violence agencies are not able to meet their needs. One
factor is that the domestic violence movement does not acknowledge
same gender relationship violence. The mainstream domestic violence
movement understands violence as a patriarchal phenomenon, deriving
from sexism, with men using violence to control women. Within the
queer women’s community, it is not always the more masculine, or
butch, woman that is the abuser. Women can be survivors and
batterers. The typical response of mainstream domestic violence
agencies’ is to ostracize the batterer. But banishing the abuser
from a small, marginalized queer Asian community is akin to cutting
her off from her only family members. Agencies do not have programs
that assist both the batterer and survivor. The San Francisco
shelter is the only program with a Queer Asian Women Services
project.
The Organizations
The Shelter
Programs
Since the first
shelter program for Asian American women and children started in Los
Angeles in 1981, six other Asian women’s shelters have emerged
across the country12 along with over a dozen outreach, education and
hotline programs for Asian women. The majority of these were started
by and for South Asian women. These include organizations such as
Apna Gar (“our home” in Hindi-Urdu), Manavi (“primal woman” in
Sanskrit), the Nav Nirmaan Foundation, Inc., the New York Asian
Women’s Center, Raksha (“protection” in several languages), Pragati
(“progress”) and Sakhi (“women’s friend”).
The handful of
shelters that are available cannot meet the needs of Asian American
women, especially limited-English speaking women, in their regions,
let alone the country. All these groups and shelters conduct some
form of community education and outreach as part of their prevention
activities to address the root causes of domestic violence. Shelters
have conducted local advocacy, such as pressuring police departments
to hire interpreters or working with them on protocols on handling
domestic violence calls in Asian communities. Not until 1997 was the
first large national pan-Asian conference convened in California
that brought together 400 service providers and activists from
across the country. Since then, other conferences have been held,
such as one for Koreans in Los Angeles, South Asians in New York,
and a pan-Asian conference in Ohio. With such limited capacity,
locally based shelters and programs have relied on coalitions such
as the National Network on Behalf of Battered Immigrant Women to
conduct the statewide and nationally advocacy needed to address the
unique challenges Asian women face, when and if those challenges
dovetail with the agenda of these broader coalitions.13
Coalition Work
In 2000, as a means
to address the lack of a national Asian American battered women’s
advocacy organization, the San Francisco-based Asian Women’s
Shelter, the Asian & Pacific Islander American Health Forum, the
Family Violence Prevention Fund, and the National Resource Center on
Domestic Violence, launched the Asian and Pacific Islander Domestic
Violence Institute (APIDVI). The mission of APIDVI is to advocate
for policy changes and increased ethnicity specific data collection,
facilitate the sharing of service models for battered Asian women
and children, and promote national discussions on differing Asian
community perceptions of domestic violence, community responses to
the problem and the intersecting cultural values. Since the
formation of APIDVI, all the various Asian women’s shelters and
domestic violence programs have become members. Based on evidence of
higher fatality rates among battered Asian women, its first research
project is a fatality review of deaths of Asian and Pacific Islander
women in major urban centers like Chicago, Santa Clara, San
Francisco, and Boston. Its first advocacy project will focus on
getting police departments to disaggregate fatality data by
ethnicity because most departments simply put Asians under the
“Other” category after “White”, “Black” and “Hispanic.” The APIDVI
advocacy will focus on two areas: Welfare Reform and Cultural
Competency as they relate to domestic violence. This work will be
conducted by working groups consisting of its member organizations
and coordinated by APIDVI staff. Initial funding came from the US
Department of Health and Human Services.
Transformative
Initiatives
An example of work
to transform local community attitudes on domestic violence in the
Korean community is the SHIMTUH project-a joint project between the
Asian Women’s Shelter in San Francisco and the Korean Community
Center of the East Bay. SHIMTUH has direct service, outreach, and
organizing components. It reaches out to the social networks,
structures, and institutions in the Korean community to transform
cultural norms. Through cultural events, drumming, singing, working
with the Korean press, and outreach to indigenous Korean religious
institutions, SHIMTUH engages in public dialogue with religious
leaders and others to influence more and more spheres in the
community. Another example is the Family Violence Prevention Fund’s
reframing of the concept of “hiya” or shame in the Filipino
community. In a poster campaign, the FVPF introduced the concept of
“nakakahiya”-a woman should not feel ashamed for having bruises and
being beaten, and the community should be ashamed for not helping
her.
One example of work
among immigrant men is the Tapestri Men’s Group, a project of the
Refugee’s Women’s Network, Inc. in Atlanta, Georgia. Tapestri’s
philosophy is twofold. First, it believes that cultural norms are
not immutable and can evolve. Second, it views the violence of men
not as an individual pathology amenable to counseling or therapeutic
intervention in one-on-one sessions, but rather as a social malaise
where a man has learned through modeling at home and in society that
the use of violence against women is an accepted way of resolving
differences. Thus, Tapestri does not provide anger management
because it views men’s violence against women not as an angry man
out of control, but as a man who chooses to be violent to control
his partner.
In the men’s groups
where Asian, Latino, Caribbean, African, and East European men have
participated, the transformative and re-education work takes place
not by experts imparting information top down to batterers, but
through a process where men themselves critically explore, in an
atmosphere of mutual respect and horizontal relationships, the
antecedents, dynamics, and effects of their violent behaviors,
values, and expectations. In the process, men’s views of themselves
and their roles as partners and fathers are transformed, gender
identities are de-constructed and re-constructed, and the men become
agents of change in their communities. The Tapestri Men’s Group and
others like it were created when domestic violence survivors, who
did not want to leave their marriages, requested intervention
programs for their husbands. As the men participate in the 24-week
program, women advocates from Tapestri work with their wives to
provide support, ensure that they are not in danger, and monitor the
progress being made by the men.
Recommendations for
Action
Address racism,
homophobia, and xenophobia within social service and law enforcement
agencies that deal with battered Asian American women.
Increase language
access to all services needed by battered women through hiring of
interpreters and bilingual staff and creating culturally competent
services in police departments, shelters, and counseling and court
intervention programs for men.
Eliminate barriers
to public benefits such as the chilling effects of mandatory
reporting to the INS, fear of being designated a public charge, and
hostile caseworkers.
Train eligibility
caseworkers on the exceptions for battered women, the Family
Violence Option in TANF, and the myriad categories of immigrants to
correct the widespread erroneous perception that immigrants are no
longer eligible for benefits.
Educate both
government agencies and social service providers and immigrant women
to understand and utilize the protective provisions in VAWA
Repeal the
conditional residence status that has trapped women in violent homes
and which the passage of VAWA simply will not fix.
Address and
transform cultural norms that accept violence against women as a
means of discipline or control. This includes creating programs for
both female and male Asian American batterers.
Conduct studies on
relationship violence in queer Asian women commun-ities. Redefine
domestic violence theories to include same gender relationship
violence.
Footnotes
1 In Boston, a
survey of men and women from the Cambodian, Chinese, Korean, South
Asian, and Vietnamese communities found that 38% of respondents
reported knowing a woman who had been physically abused or injured
by her partner. A focus group with Southeast Asian Chinese estimated
that 20-30% of Chinese husbands hit their wives. A Northern
California survey found that 25% of Filipinas had experienced
domestic violence in the Philippines, the US, or both.
2 Research
indicates a higher incidence of domestic violence among military
families. Advocates in Hawai’i, which has a large military base
population, have noticed that Asian immigrant women married to US
servicemen have fewer financial and social resources, suffer from
prejudices against interracial marriages, and are especially
vulnerable to abuse. As described in Chapter Two of this report,
domestic violence against women in servile marriages may be higher
than in the general population.
3 Mainstream
shelters are designed in dormitory styles with congregated dining
that is alienating to Asian women used to cooking their own foods,
feeding their own children, and keeping their children with them
most of the time. Additionally, Asian women have a difficult time
following mainstream shelters’ programs and procedures, such as
participating in shelter chores selection, because of their
inability to communicate with staff and other residents. They also
report feeling very lost when they were forbidden to have any
contacts with their mothers who have traditionally been their source
of support.
4 Court sentences
that involve serving time and mandatory participation in
intervention programs are often insufficient to convey the gravity
of the crime to the batterer. In addition, there needs to be
culturally relevant sentencing. For example, in the Hmong community,
when clan elders resolve domestic violence cases through the
mediation process, they may order the husband to hire a shaman for a
soul-calling ceremony to heal the wife. When a wife has been abused,
the soul leaves her body because it has been mistreated. When the
soul is not well, the body is not well. In a soul-calling ceremony,
a shaman calls the soul back to the body.
5 VAWA 2000’s other
provisions allow self-petitioning by women whose abuser husbands die
or lose their immigration status or whose husbands have committed
bigamy. In addition, VAWA 2000 also created a new visa, the U visa,
for women not covered by VAWA, such as battered wives of men holding
temporary worker visas or student visas and victims of sexual and
other crimes, such as rape and torture. However, it is more
difficult to obtain relief through the U visa than through VAWA’s
self-petitioning process because the woman must show substantial
physical or emotional abuse.
6 INS’s May 1999
guidelines state that use of non-cash benefits such as Medicaid and
food stamps does not make one a public charge. VAWA 2000 barred the
INS from finding a woman a public charge based on her use of
non-cash benefits that she is legally qualified to use.
7 Family Violence
Prevention Fund, “Caught at the Public Policy Crossroads: The Impact
of Welfare Reform on Battered Immigrant Women,” January 1999.
8 See Julia L.
Perilla, “Domestic Violence as a Human Rights Issue: The Case of
Immigrant Latinos,” reprinted from Hispanic Journal of Behavioral
Sciences, Vol. 21, No. 2, May 1999, pp. 107-133.
9 The term queer is
controversial within the lesbian/gay/bisexual/transgender (LGBT)
community. However, many LGBTs have reclaimed “queer” as a positive
term. This report uses it to encompass the diversity of the LGBT
community.
10 In both national
and local focus groups of queer Asian women held by the Family
Violence Prevention Fund and the San Francisco based Asian Women’s
Shelter, survivors expressed discomfort with the label of domestic
violence and preferred the term relationship violence to describe
violence in queer relationships.
11 In October 2000,
the National Coalition of Anti-Violence Programs issued a report
that there were over 3,000 cases of LGBT domestic violence (47%
female, 50% male survivors) throughout the US, with 1,356 cases in
Los Angeles, 741 in San Francisco, and 510 in New York. For San
Francisco, 75% of the cases involved whites and 25% people of color,
including Asian Americans.
12 The seven
shelters are the Asian Women’s Home in San Jose, the Asian Women’s
Shelter in San Francisco, the Asian Women United in
Minneapolis/St.Paul, the Center for Pacific Asian Families in Los
Angeles, the New Moon Shelter in Boston, Apna Ghar in Chicago, and
the New York Asian Women’s Center. There are also programs within
larger shelter programs like the Asian Unit of Interval House in
Long Beach/Orange County, CA. In Atlanta, Georgia, the International
Women’s House serves women who do not speak English, including Asian
immigrant women.
13 The National
Network is made up of three groups, the Family Violence Prevention
Fund, the Immigrant Women Program of NOW Legal Defense Fund
(formerly housed at AYUDA, Inc.), and the National Immigration
Project of the National Lawyer’s Guild.
References
Chan, Sue, M.D.,
“Domestic Violence in Asian and Pacific Islander (API) Communities,”
compilation of studies, statistics, and data on domestic violence
and API’s, Asian Health Services.
Family Violence
Prevention Fund, January 1999, “Caught at the Public Policy
Crossroads: The Impact of Welfare Reform on Battered Immigrant
Women”
Perilla, Julia L.,
“Domestic Violence as a Human Rights Issue: The Case of Immigrant
Latinos,” reprinted from Hispanic Journal of Behavioral Sciences,
Vol. 21, No. 2, May 1999, pp. 107-133
Santa Clara County
Death Review Sub-Committee for the Domestic Violence Council, Final
Report, 1997
Warrier, Sujata,
Ph.D, “(Un)heard Voices: Domestic Violence in the Asian American
Community,” Family Violence Prevention Fund, produced with a grant
from the Violence Against Women Office, Office of Justice Programs,
US Department of Justice
Yoshioka, Marianne,
Ph.D., M.S.W., “Asian Family Violence Report: A Study of the
Cambodian, Chinese, Korean, South Asian and Vietnamese Communities
in Massachusetts,” Nov. 2000, Boston, MA
Part 3
Special Focus
Part 3, Chapter 8
Hmong Women in the
US:
Changing a
Patriarchal Culture
Introduction
The story of Hmong
women in America is a story of both crushing burden and an
indefatigable will to survive and overcome barriers. Many Hmong
women marry and have children at young ages, work full-time jobs,
and cope with raising 10 to 14 kids. Sometimes they are the sole
breadwinners of the family. It is the strength of Hmong culture and
the women themselves that have made survival possible. Many of the
older women who grew up in Laos worked beside their men in the
fields harvesting crops, clearing brush, feeding the pigs, cooking,
and raising the children. A 56-year-old Hmong grandmother says
proudly, “I delivered all 12 of my babies by myself and never let
their heads touch the ground.”
In America, Hmong
women quickly realized they had freedoms that didn’t exist back in
Laos. They were free to marry whomever they choose, free to pursue
jobs or an education, and free to get out of a bad or loveless
marriage. Denied educational opportunities in Laos, Hmong women of
all socioeconomic classes have seized educational opportunities and
are often more likely to get and hold a job than their male
counterparts. The first Hmong Ph.D. in anthropology in the US was a
woman. The majority of Hmong lawyers in Minnesota are women and
collectively they started the first and only Hmong Bar Association
in the country.
However, some women
found themselves in situations where the burdens were too much to
bear. In June 1998, a 13-year-old Hmong girl, Lee Vang of Wisconsin,
killed the infant she had just given birth to; this infant was the
product of rape by her even younger male cousin. Lee Vang’s mother
was single and relied on the assailant’s family for financial
support. The assailant came and went from their house all the while
sexually assaulting Lee Vang. Mother and daughter could not defend
themselves and had no one to protect them. In the aftermath of Lee
Vang’s arrest and release, Hmong elders shunned and isolated her for
bringing shame onto the community. In Septembe |