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Abstract

The United States is facing a pressing issue in maternal health, standing out as uniquely dangerous among similarly situated nations, with significant disparities in maternal mortality rates, particularly affecting Black American pregnant people. This paper, “Health Care Civil Rights: Addressing the American Maternal Mortality Disparity Through Health, Law, and Policy,” argues that by addressing the root cause of the Black Maternal Mortality Disparity (BMMD)—structural racism—and implementing rigorous, enforced standards of care, the United States can ensure safer childbirth experiences for Black pregnant people. Utilizing intersectional and anti-racist frameworks, the analysis identifies inferior medical care, particularly in diagnosing and treating preventable causes of death such as preeclampsia, and systemic failures as contributing causes of BMMD. The analysis further identifies legal and policy avenues—including civil rights enforcement under Section 1557, Congressional initiatives, enhanced Maternal Mortality Review Committees, standardized clinical protocols, and hospital accreditation—as pathways to reform, while acknowledging significant obstacles to enforcement and federal action. Evidence from California and other states indicates that robust, accountable implementation can substantially reduce mortality. Expanded support for Black midwives and doulas, patient education, and postpartum care are also identified as vital solutions. The paper concludes that while structural change is complex, immediate progress can be achieved at the state, institutional, and provider levels; coordinated, community-driven action and rigorous enforcement of standards are necessary to end preventable injustices in American maternity care.

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