“Theorizing Time in Abortion Law” by Joanna N. Erdman
Congratulations and thanks to Alicia Ely Yamin, Paola Bergallo, and Marge Berer, guest editors of the Health and Human Rights Journal, issue 19.1, for their wide-ranging special section on “Abortion and Human Rights” (Table of Contents below), including this article by Prof. Joanna Erdman, MacBain Chair in Health Law and Policy at the University of Dalhousie’s Schulich School of Law:
Joanna N. Erdman, “Theorizing Time in Abortion Law and Human Rights,” Health and Human Rights 19.1 (June 2017): 29-40.HTML | PDF
The legal regulation of abortion by gestational age, or length of pregnancy, is a relatively undertheorized dimension of abortion and human rights. Yet struggles over time in abortion law, and its competing representations and meanings, are ultimately struggles over ethical and political values, authority and power, the very stakes that human rights on abortion engage. This article focuses on three struggles over time in abortion and human rights law: those related to morality, health, and justice. With respect to morality, the article concludes that collective faith and trust should be placed in the moral judgment of those most affected by the passage of time in pregnancy and by later abortion—pregnant women. With respect to health, abortion law as health regulation should be evidence-based to counter the stigma of later abortion, which leads to overregulation and access barriers. With respect to justice, in recognizing that there will always be a need for abortion services later in pregnancy, such services should be safe, legal, and accessible without hardship or risk. At the same time, justice must address the structural conditions of women’s capacity to make timely decisions about abortion, and to access abortion services early in pregnancy.
“Abortion and Human Rights” section in Health and Human Rights Journal 19.1: Contents page.
Narratives of Essentialism and Exceptionalism: The Challenges and Possibilities of Using Human Rights to Improve Access to Safe Abortion, Alicia Ely Yamin and Paola BergalloHTML | PDF
Abortion Law and Policy Around the World: In Search of Decriminalization (Discussion) by Marge Berer HTML | PDF
Theorizing Time in Abortion Law and Human Rights,Joanna N. Erdman HTML | PDF
The Dublin Declaration on Maternal Health Care and Anti-Abortion Activism: Examples from Latin America, Lynn M. Morgan HTML | PDF
Regulation of Conscientious Objection to Abortion: An International Comparative Multiple-Case Study, Wendy Chavkin, Laurel Swerdlow, and Jocelyn Fifield HTML | PDF
The Role of International Human Rights Norms in the Liberalization of Abortion Laws Globally,Johanna B. Fine, Katherine Mayall, and Lilian Sepúlveda HTML | PDF
Pregnancy and the 40-Year Prison Sentence: How “Abortion is Murder” Became Institutionalized in the Salvadoran Judicial System,Jocelyn Viterna and Jose Santos Guardado BautistaHTML | PDF
Pregnancies and Fetal Anomalies Incompatible with Life in Chile: Arguments and Experiences in Advocating for Legal Reform,Lidia Casas and Lieta Vivaldi HTML | PDF
Legal Knowledge as a Tool for Social Change: La Mesa por la Vida y la Salud de las Mujeres as an Expert on Colombian Abortion Law, Ana Cristina González Vélez and Isabel Cristina Jaramillo HTML | PDF
The Battle Over Abortion Rights in Brazil’s State Arenas, 1995-2006, by Marta Rodriguez De Assis Machado and Débora Alves MacielHTML | PDF
Abortion Rights Legal Mobilization in the Peruvian Media, 1990–2015, by Camila GianellaHTML | PDF
The Moderating Influence of International Courts on Social Movements: Evidence from the IVF Case Against Costa Rica, by Julieta Lemaitre and Rachel Sieder HTML | PDF
Why is a “Good Abortion Law” Not Enough? The Case of Estonia, by Liiri OjaHTML | PDF
Macro- and Micro-Political Vernaculizations of Rights: Human Rights and Abortion Discourses in Northern Ireland by Claire Pierson and Fiona Bloomer HTML | PDF
Exploring Legal Restrictions, Regulatory Reform, and Geographic Disparities in Abortion Access in Thailand by Grady Arnott, Grace Sheehy, Orawee Chinthakanan, and Angel M. FosterHTML | PDF
Decriminalization and Women’s Access to Abortion in Australia, by Barbara Baird HTML | PDF
Australia: Abortion and Human Rights, by Ronli Sifris and Suzanne Belton HTML | PDF
PERSPECTIVE Abortion Care in Nepal, 15 Years after Legalization: Gaps in Access, Equity, and Quality, by Wan-Ju Wu, Sheela Maru, Kiran Regmi, and Indira Basnett HTML | PDF
The REPROHEALTHLAW Blog is compiled by the International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto, Canada, reprohealth*law at utoronto.ca and @reprohealthlaw. For Program publications and resources, see our website, online here. TO JOIN THIS BLOG: enter your email address in upper right corner of this webpage, then check your email to confirm the subscription
This entry was posted on Thursday, June 29th, 2017 at 8:10 am and is filed under Resources. You can follow any responses to this entry through the RSS 2.0 feed.
Both comments and pings are currently closed.