Rights and Legislation

RIGHTS AND LEGISLATION

Laws that encourage women to breastfeed have been passed or suggested by several organizations or groups both in the United States and in other countries. These have been based on the recognition of organizations such as the American Academy of Pediatrics, UNICEF, and the World Health Organization that breastfeeding is the best choice for the health of a mother and her baby.

Current as of August 2005

You can use the following links to learn more about these groups and their promotion of breastfeeding rights.

Publications

Bill H. R. 2122 - Pregnancy Discrimination Act Amendments of 2005 - This Bill, currently before the Senate and the House of Representatives, is to amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers, to provide for a performance standard for breast pumps, and to provide tax incentives to encourage breastfeeding.

http://thomas.loc.gov/cgi-bin/query/z?c109:h2122:

Breast-feeding: Impact on Health, Employment and Society - This Congressional report provides information on the how breastfeeding rates have changed, how breastfeeding benefits mothers, babies, and society. It explains what factors affect the decision to breastfeed and provides information on the government policies and congressional actions that promote breastfeeding.

http://maloney.house.gov/documents/olddocs/breastfeeding/CRS_Report_on_Benefits_of_Breastfeeding.pdf...

Breastfeeding and Jury Duty: State Laws, Court Rules, and Related Issues - This Congressional report provides information on states that allow breastfeeding mothers to postpone or be excused from jury duty, provide an exception to family caregivers, or have pending legislation regarding breastfeeding mothers and jury duty. It also lists court rules that may provide a deferral or excuse from jury duty.

http://maloney.house.gov/documents/olddocs/breastfeeding/20050517_CRS_Jury%20Duty.pdf...

Breastfeeding Report Card - The Breastfeeding Report Card — United States, 2008 shows how breastfeeding is being protected, promoted, and supported in each state and allows comparisons across states, making it an important tool for increasing breastfeeding nationwide

http://www.cdc.gov/breastfeeding/data/report_card.htm

HHS Blueprint for Action on Breastfeeding - This publication contains information action steps for the health care system, familes and communities, researchers and the workplace to better focus attention on the importance of breastfeeding. (archive)

http://www.womenshealth.gov/archive/breastfeeding/programs/blueprints/bluprntbk2.cfm ...

Summary of State Breastfeeding Laws - This Congressional report gives a brief overview of the development of state breastfeeding legislation and summarizes the breastfeeding laws for each state. It also provides information on pending federal legislation that promotes breastfeeding.

http://maloney.house.gov/documents/olddocs/breastfeeding/050505CRSReport.pdf

50 States of Summary of Breastfeeding Laws (Copyright © National Conference of State Legislatures) - This publication has a comprehensive listing of the various laws enacted that relate to breastfeeding in the U.S.

http://www.ncsl.org/programs/health/breast50.htm

A Current Summary of Breastfeeding Legislation in the U.S. (Copyright © LLLI) - This publication contains information about breastfeeding legislation, the importance of breastfeeding, issues around breastfeeding in public, breastfeeding and jury duty, employment situations, and family law. There is also summary information available about legislation in each state.

http://www.llli.org/Law/LawBills.html

A Look at Enacting Breastfeeding Legislation (Copyright © LLLI) - This publication discusses a woman's constitutional right to breastfeed, restrictions on the right to breastfeed, breastfeeding promotion and support, types of legislation that can help, issues surrounding breastfeeding in public, employment, WIC programs, baby-friendly incentives/mother-friendly employers, family law (divorce/paternity), custody and visitation, jury duty, and how to assist a state in enacting breastfeeding legislation.

http://www.lalecheleague.org/Law/LawEnact.html

http://www.lalecheleague.org/Law/LawMain.html

http://www.gotmom.org/breastfeeding_legislation.cfm

Extended Breastfeeding and the Law (Copyright © LLLI) - This publication discusses the evidence in favor of extended breastfeeding and how mothers can cope with reports of abuse or neglect from people who think extended breastfeeding is abnormal or wrong.

http://www.lalecheleague.org/Law/LawExtended.html

In the Best Interest of Breastfed Children (Copyright © LLLI) - This publication explains why it is important to protect the breastfeeding relationship during a separation or divorce. A mother must educate everyone involved about the importance of breastfeeding and how parenting time can be shaped to encourage the father's bond.

http://www.lalecheleague.org/Law/LawInterest.html

State Legislation that Protects, Promotes, and Supports Breastfeeding (Copyright © U.S. Breastfeeding Committee) - This publication summarizes and analyzes state breastfeeding legislation in relation to breastfeeding in public, employment, breastfeeding promotion and education, jury duty, family law, milk banks, breastfeeding in prison, breastfeeding equipment, and the marketing of breast milk substitutes.

http://www.usbreastfeeding.org/Issue-Papers/USBCStateLegisPaper2005.pdf

The Breastfeeding Relationship and Visitation Plans (Copyright © LLLI) - This paper discusses why breastfeeding should be encouraged in family law cases, how to encourage the bond with the father without interfering with breastfeeding, and recommendations for visitation plans.

http://www.lalecheleague.org/Law/LawVisitation.html

Organizations

= Indicates Federal Resources