Northern Ireland: Advocating Abortion Rights – Local and Global Tensions

April 25, 2017
Congratulations to Dr. Catherine O’Rourke of the Transitional Justice Institute at Ulster University, Northern Ireland.  Her useful journal article was recently published in a special issue of Social & Legal Studies,  guest-edited by Siobhan Mullally, on “Regulating Abortion: Dissensus and the Politics of Rights”:

Catherine O’Rourke “Advocating Abortion Rights in Northern Ireland: Local and Global Tensions,” Social and Legal Studies 25 (6). pp. 716-740.
Published PDF       Submitted text (accepted after minor revisions)

Abstract:       It is frequently claimed that the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is more significant for the cultural, rather than legal, work that it does in reframing locally contested gender issues as the subject of international human rights. While this argument is well developed in respect of violence against women, CEDAW’s cultural traction is less clear in respect of women’s right to access safe and legal abortion. This article examines the request made jointly by Alliance for Choice, the Family Planning Association Northern Ireland and the Northern Ireland Women’s European Platform to the CEDAW Committee to request an inquiry under the CEDAW Optional Protocol into access to abortion in the jurisdiction. The study found that the CEDAW framework was useful in underpinning alliances between diverse pro-choice organizations but less effective in securing the support of ‘mainstream’ human rights organizations in the jurisdiction. The article argues that the local cultural possibilities of CEDAW must be understood as embedded within both the broader structural gendered limitations of international human rights law and persistent regressive gendered sub-themes within mainstream human rights advocacy.
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For full text of this article, see:
“Regulating Abortion: Dissensus and the Politics of Rights”:  special issue of Social & Legal Studies, ed. Siobhan Mullally and Clare Murray:  Table of Contents
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I.V. v. Bolivia decision: Forced sterilization is based on harmful gender stereotypes

March 29, 2017

Many thanks to Christina Zampas, a Reproductive and Sexual Health Law Fellow at the University of Toronto’s Faculty of Law, for summarizing this decision of the Inter-American Court of Human Rights.  She also presented oral expert testimony in this case during its hearing on 2 May 2016 in San Jose, Costa Rica, focusing on international and regional human rights standards in relation to informed consent to sterilization, and on gender discrimination and stereotyping. (Overview of her testimony.)

Caso I.V. v. Bolivia,   Sentencia de 30  Noviembre de 2016 (Excepciones Preliminares, Fondo, Reparaciones y Costas) Corte InterAmericana de Derechos Humanos  Decision in Spanish.

I.V. v Bolivia concerns the involuntary sterilization in 2000 of an immigrant woman from Peru in a public hospital in Bolivia during a caesarean section.   In its first case alleging forced sterilization and indeed, its first case on informed consent to a medical procedure, the Inter-American Court of Human Rights struck at the heart of such practices by addressing underlying causes of such violations: gender discrimination and stereotyping.

The Court held that the State violated the woman’s rights to personal integrity, personal freedom, private and family life, access to information and rights to found a family, and to be free from cruel, inhuman and degrading treatment contrary to the dignity of a human being, all contained in the American Convention on Human Rights.  The State had also violated its duties to condemn all forms of violence against women under the Convention of Belem do Pará.   In finding these violations, the Court recognized that sterilization without consent annulled the right to freely make decisions regarding one’s body and reproductive capacity, resulting in loss of control over one’s most personal and intimate decisions, with lasting implications.

While generally agreeing with decisions about forced sterilization of Roma women issued by the European Court of Human Rights and the CEDAW Committee , the Inter-American Court’s decision is groundbreaking in that it uniquely highlighted the transcendent role of state obligations to respect and guarantee the right to non-discrimination in the context of women’s human rights violations. Thus, the Court recognized that the freedom and autonomy of women in sexual and reproductive health, generally, has historically been limited or annulled on the basis of negative and harmful gender stereotypes in which women have been socially and culturally viewed as having a predominantly reproductive function, and men viewed as decision-makers over women’s bodies. The Court recognized that non-consensual sterilization reflects this historically unequal relationship. The Court noted how the process of informed decision-making operated under the harmful stereotype that I.V., as a woman, was unable to make such decisions responsibly, leading to “an unjustified paternalistic medical intervention” restricting her autonomy and freedom.  The Court thus found a violation of the right to non-discrimination based on being a woman. It also stressed the particular vulnerability to forced sterilization facing certain women, based on other characteristics such as socioeconomic status, race, disability, or living with HIV.

The Court ordered both individual reparations and general measures, including ensuring education and training programs for healthcare and social security professionals regarding informed consent, gender-based violence, discrimination and stereotyping.  The Court’s unequivocal articulation of the right of women to make decisions concerning reproductive health, without being subjected to discrimination based on stereotypes or power relations, is important in this first case by an international or regional tribunal addressing this in the context of sterilization.  It could also apply to other reproductive health care contexts, such as the case for abortion.

Links for this case:
Caso I.V. v. Bolivia,   Sentencia de 30  Noviembre de 2016 (Excepciones Preliminares, Fondo, Reparaciones y Costas) Corte InterAmericana de Derechos Humanos  Decision in Spanish
Report on the Merits (2014) in English.
Amicus Curiae brief by Ciara O’Connell, Diana Guarnizo-Peralta and Cesar Rodriguez-Garavito:  in English.

Related decisions, alluded to above:
V.C. v. Slovakia, European Court of Human Rights (Decision 8 November 2011)
N.B. v. Slovakia,  European Court of Human Rights (Decision 12 June 2012)
VC and NB decisions, summarized by Andy Sprung
I.G. and others v. Slovakia  European Court of Human Rights (Decision 13 November 2012).
IG decision, summarized by Andy Sprung

UN Committee on the Elimination of Discrimination against Women (CEDAW)
A.S. v. Hungary  (Decision online).
Summary  and documents from CRR.
Analysis by Simone Cusack, OP CEDAW blog.
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Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   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.


Preventable maternal deaths: Ugandan court decisions

May 12, 2016

Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), an LL.D. candidate with the University of Pretoria and Executive Director of Nyale Institute for Sexual and Reproductive Health Governance in Malawi, for composing or editing dozens of analytical summaries of African court decisions for our forthcoming volume, Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts.  Previous volumes in the series, published in 2005 and 2010 by the Center for Reproductive Rights, are freely available in print or electronic form.  Legal Grounds online.

Several of the cases involve preventable maternal deaths. Traditionally, families and communities suffer these losses silently, unless a legal advocacy organization brings the case forward.  In Uganda, for instance, the Center for Health, Human Rights and Development (CEHURD) and others brought two maternal death cases to the Constitutional Court of Uganda as human rights violations, but the petition was dismissed without consideration in 2012 as a “political” matter.[1]  In November 2015, however, Uganda’s Supreme Court ordered Constitutional Court to hear the petition on maternal health rights violations.[2]  We still await the Constitutional Court’s  ruling on the merits of CEHURD’s petition.

Just six months earlier, a Ugandan High Court  found human rights violations and awarded damages to the family of a woman who died in obstructed labour at Nakaseke District Hospital; the only doctor who could handle this complication was on duty but could not be found.[3]  As Godfrey Kangaude  comments, “the judgment is an important signal that preventable death of women during pregnancy, labour, and childbirth is a human rights issue.”

Moreover, as Kangaude explains, “Uganda is a party to the International Covenant on the Elimination of All Forms of Discrimination against Women (CEDAW). One of the important decisions on the subject matter under CEDAW is Alyne da Silva Pimentel Teixeira v Brazil (Communication No. 17/2008 CEDAW/C/49/D/17/2008). The Committee on CEDAW (CEDAW Committee) considered the case of a woman who had died of complications of pregnancy as a result of delays in being provided with appropriate care by the health system.[4] The CEDAW Committee found violation of state obligations under Article 12 on the equal right to health, and under Article 2(c) in relation to access to justice, amongst others. It made several recommendations to address the systemic factors, which would apply to the Uganda context . . .” [5]

The CEDAW Committee recommended that the state:

“(a) Ensure women’s right to safe motherhood and affordable access for all women to adequate emergency obstetric care, in accordance with General Recommendation No. 24 (1999) on women and health;

(b) Provide adequate professional training for health workers, especially on women’s reproductive health rights, including quality medical treatment during pregnancy and delivery, as well as timely emergency obstetric care;

(c) Ensure access to effective remedies in cases where women’s reproductive health rights have been violated and provide training for the judiciary and for law enforcement personnel;

(d) Ensure that private health-care facilities comply with relevant national and international standards on reproductive health care; [and]

(e) Ensure that adequate sanctions are imposed on health professionals who violate women’s reproductive health rights.”[6]
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REFERENCES:

[1] Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General [2012], Constitutional Petition No. 16 of 2011 (Constitutional Court of Uganda at Kampala). Decision online. Preventable maternal deaths were dismissed as a “political” matter.  Case Summary and Analysis by Nthabiseng Lelisa and Godfrey Kangaude, with special thanks to Nthabiseng Lelisa, an LL.M. candidate in Sexual and Reproductive Rights in the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa.

[2]  Center for Health, Human Rights and Development & 3 Others  v Attorney General.  [2015], Constitutional Appeal No. 01 of 2013 (Supreme Court of Uganda at Kampala) [Uganda Supreme Court orders Constitutional Court to hear a petition on maternal health rights violations.]  Decision online.  Case summary and analysis by Godfrey Kangaude. 

[3] Center for Health, Human Rights and Development & 4 Others  v Nakaseke District Local Administration [2015], Civil Suit No. 111 of 2012 (High Court of Uganda at Kampala). [Ugandan High Court finds human rights violations where a pregnant woman died of a ruptured uterus and blood loss while in labour.] Decision online. Case summary and Analysis by Godfrey Kangaude 

[4] See also: Rebecca J. Cook “Human Rights and Maternal Health: Exploring the Effectiveness of the Alyne Decision”  41.1 (Spring 2013) Journal of Law, Medicine and Ethics 103-123,  Original publication in EnglishRepublished in SpanishTranslation to PortugueseRepublication in Portuguese journal.

[5] CEHURD v Nakaseke (note 3 above), Case summary and Analysis by Godfrey Kangaude , page 3.

[6] Committee on the Elimination of Discrimination against Women,  Alyne da Silva Pimentel Teixeira (deceased) v Brazil, Communication No.17/2008, CEDAW/C/49/D/17/2008), Recommendations, 8.2.  CEDAW decision Sept 27, 2011


Legal Grounds: Reproductive and Sexual Rights in African Commonwealth Courts   (up to 2008) Volumes I and II can be downloaded here.  Our update will be published early in 2017.  Decisions already identified for Volume III  are online here.  New case summaries are added every month.   If you can suggest other cases, please do!   How You Can Help.


REPROHEALTHLAW Updates

May 12, 2016

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DEVELOPMENTS

GENDER JUSTICE UNCOVERED AWARDS – Vote on the Best and Worst judgments of 2015, gathered by Women’s Link Worldwide.  Decisions are attached!  Vote by May 30, 2016.  To review this year’s nominees, click on “Cases”.

PERU: re the historic case of  K.L. v. Peru: As a teenager in 2001, K.L.was denied abortion of an anencephalic fetus who died soon after birth. The UN CEDAW Committee stated that her human rights had been violated.   In 2016, she has received financial compensation.   News report.

RWANDA – access to legal abortion for raped 13-year-old denied by first court, then allowed on appeal.    Judgment of October 30 2015, official English translation, redacted to preserve privacy. Rwandan juvenile abortion decision.

UGANDA – Preventable Maternal Deaths – 3 decisions Overview on Reprohealthlaw Blog.

Center for Health Human Rights and Development (CEHURD) and 3 Others v Attorney General [2012], Constitutional Petition No. 16 of 2011 (Constitutional Court of Uganda at Kampala). Preventable maternal deaths were dismissed as a “political” matter.  Decision online.  Case Summary and Analysis by Nthabiseng Lelisa and Godfrey Kangaude.

Center for Health, Human Rights and Development & 3 Others  v Attorney General.  [2015], Constitutional Appeal No. 01 of 2013 (Supreme Court of Uganda at Kampala) [Uganda Supreme Court orders Constitutional Court to hear a petition on maternal health rights violations.]  Decision online.  Case summary and analysis by Godfrey Kangaude. 

Center for Health, Human Rights and Development & 4 Others  v Nakaseke District Local Administration [2015], Civil Suit No. 111 of 2012 (High Court of Uganda at Kampala). [Ugandan High Court finds human rights violations where a pregnant woman died of a ruptured uterus and blood loss while in labour.] Decision online. Case summary and Analysis by Godfrey Kangaude 

EDUCATIONAL FUNDING

Comparative Program on Health and Society at the University of Toronto, Canada, invites applications for 2016-2017.  Complete applications due May 30, 2016.    Doctoral fellowships on “Health and human rights” and “Social determinants of health”: Doctoral fellowships.   Research Associate fellowship

O’Neill Institute for National and Global Health Law, Georgetown University Law Center in Washington, DC.   – Associate position for law graduates, to work on domestic and global health law and policy projects. Apply by May 31, 2016  Associate position for law graduates

RESOURCES

[abortion – anti-choice strategy, United Kingdom]”A guerrilla strategy for a pro-life England,” by Sheelagh Mcguinness, 7.2 Law, Innovation and Technology 283-314. [how anti-abortion “guerrilla” strategies undermine reproductive rights]  Abstract and article.

[abortion and police]  Practical Guide for Partnering with Police on Abortion. The guide is for trainers and advocates, by Ipas, 2016.  Ipas Guide.

[abortion, zika virus – Brazil]  “Threats of retrocession in sexual and reproductive health policies in Brazil during the Zika epidemic,” [Ameaças de retrocesso nas políticas de saúde
sexual e reprodutiva no Brasil em tempos de epidemia de Zika] by Beatriz Galli and Suely Deslandes,   32.4 (2016) Cad. Saúde Pública (Rio de Janeiro)  Epub 19-Abr-2016  Portuguese original.  English translation.

[abortion, zika] “Using a Human Rights Accountability Framework to Respond to Zika,” by Beatriz Galli.  Health and Human Rights Journal blog, May 2, 2016.  Blog online.

[Conscientious objection by hospitals – new report] “Health Care Denied: Patients and Physicians Speak Out about Catholic Hospitals and the Threat to Women’s Health and Lives,” American Civil Liberties Union (ACLU and Merger Watch, 2016)  40-page report.   Faith-based restrictions at 550 US hospitals go far beyond abortion: news article.

[Conscientious objection by hospitals prohibited] “Healthcare responsibilities and Conscientious Objection”  by R. J. Cook, M. Arango Olaya and B.M. Dickens,  International Journal of Gynecology and Obstetrics 104 (2009): 249-252.  English abstract and article. Spanish translation.

[Conscientious objection] “The Right to Conscience,” by Bernard M. Dickens in Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens (University of Pennsylvania Press, 2014), 210-238. Book in EnglishSpanish translation.

Conscientious Objection: articles and projects related to the Reproductive and Sexual Health Law Programme of the University of Toronto  Updated List.

[forced treatment during pregnancy, e.g. caesarean births] New book: Autonomy and pregnancy: A comparative analysis of compelled obstetric intervention (2016), Samantha Halliday. Table of contents and excerpts at Googlebooks

US-focused news, resources, and legal developments are available on Repro Rights Prof Blog.  View or subscribe.

JOBS

Program Manager, Women’s Health and Equality in Latin America, Wyss Foundation, Washington DC,  Apply by May 31, 2016.  Job details.

Links to other employers in the field of Reproductive and Sexual Health Law are online here

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Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca 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.


REPROHEALTHLAW Updates: Decisions, News, Resources and Jobs

January 14, 2016

REPROHEALTHLAW
January 14, 2016

SUBSCRIBE TO REPROHEALTHLAW:  To receive these updates monthly by email, enter your address in upper right corner of this webpage, then check your email to confirm the subscription.

DECISIONS AND LEGAL DEVELOPMENTS:

Dominican Republic: Constitutional Court Repeals Abortion Law  (Dec.04, 2015 Despite progress made by the Dominican Republic in 2014 to amend the penal code to decriminalize abortion in limited circumstances, the Constitutional Tribunal of the Supreme Court this week declared this amendment unconstitutional. CRR Press Release. Colectiva Mujer y Salud press releaseThomson-Reuters news report.

Northern Ireland Human Rights Commission, Re Judicial Review [2015] NIQB 96, November 30, 2015  (High Court of Justice in Belfast):  Northern Ireland’s abortion law are incompatible with European Convention on Human Rights Article 8 because it does not allow exceptions for fatal fetal abnormalities, rape, or incest.   The  judgment also has implications for Commonwealth countries that retain the English 1861 Offences Against the Person Act.   Decision of November 30, 2015Official summaryReprohealthlaw blog    “Judge leaves Northern Ireland’s abortion laws to lawmakers.” New York Times     “Northern Ireland medics fear prison over abortion advice” Guardian article.

Sierra Leone – Update – Safe Abortion Act delayed.    President Koroma “engages” religious leaders, delaying legalization.  He plans to send the Act back to Parliament for review.  Government press release.  The International Campaign for Safe Abortion, a coalition of NGOs, is circulating an Ipas petition urging quick passage of the Safe Abortion Act into law:   Petition to the President of Sierra Leone.

[Uganda]: Centre for Health, Human Rights and Development [CEHURD] and Iga Daniel v Attorney General [2015], Constitutional Petition No. 64 of 2011 (Constitutional Court of Uganda at Kampala).  The decision deals in part with criminalization of sex with women with mental disabilities.  Dehumanizing language “idiot” or “imbecile” has been replaced  Decision online.

EVENTS

[abortion] 3rd International Congress on Women’s Health and Unsafe Abortion (IWAC 2016), Bangkok, Thailand, January 26-29, 2016.  Congress details.

Abortion Under Apartheid: Nationalism, Sexuality, and Women’s Reproductive Rights, book presented by Susanne Klausen (Oxford University Press, 2015) at Carleton University, Ottawa, on Friday January 29, from 12:30 to 2:30 in the History Lounge (Paterson Hall, room 433) book launch details.

[assisted reproduction, surrogacy]”Assisted Reproduction: Navigating the Criminalization of Commercial Surrogacy and Reacting to Unexpected Situations”  McGill Journal of Law and Health’s Annual Colloquium, February 6th, 2016, 10:00-14:00, Faculty of Law, New Chancellor Day Hall, Room 100 (Moot Court), McGill University, Montreal, Canada.  RSVP here.

[Northern Ireland]”Abortion and Reproductive Justice- The Unfinished Revolution II”  International Conference, Ulster University, Belfast, Northern Ireland,  June 2-3, 2016.  Conference details.

[abortion] “Improving women’s journeys through abortion,” 12th FIAPAC conference,  Lisbon, Portugal, Oct 13-15 2016  (Abstracts due April 15, Early registration by June 30) FIAPAC 2016 details.

PUBLICATIONS:

[abortion, anencephalic pregnancy, Brazil] The new Brazilian law journal Revista Publicum, based at the State University of Rio de Janeiro (UERJ) released its first issue on December 30, 2015, 261 pages, in Portuguese.  It contains an interview with Supreme Court judge Luis Roberto Barroso, who discusses the legalization of abortion in cases of fetal anencephaly.   new Brazilian law journal.   Related Resource:  “Bringing abortion into the Brazilian Public Debate: Legal strategies for anencephalic pregnancy,” by Luis Roberto Barroso, abstracted here.

Abortion Law in Transnational Perspective:  Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens, 16 chapters.  University of Pennsylvania Press, 2014, 482 pages.  Introduction by the editors. Table of Cases online  Table of Contents with chapter abstractsPurchase from U Penn Press.  Now in Spanish: ¡Ahora en español!

[abortion, Eastern Europe] “Mandatory Waiting Periods and Biased Counseling Requirements in Central and Eastern Europe: Restricting Access to Abortion, Undermining Human Rights, and Reinforcing Harmful Gender Stereotypes. (Center for Reproductive Rights, 2015)  abstract and 13-page fact sheets.

[abortion, Latin America] Guía de entrenamiento de causal violencia sexual: dirigida a personal de la salud y judicial   [Training guide on legal abortion on grounds of rape: for health care personnel and the judiciary] by Ana Cristina González Vélez y Viviana Bohorquez Monsalve (Bogotá: August 2013.    Full text in Spanish.

[abortion, Latin America] Interrupción legal del embarazo por la causal violación: enfoques de salud y jurídico [Legal abortion on grounds of rape: approaches from a health and legal perspective] por Paola Bergallo y Ana Cristina González Velez con las contribuciones del Grupo Foro Virtual Causal Violación y la Secretaría Técnica y Asistente:  Silvina Ramos con la colaboración de Agustina Ramón Michel   (Bogota, La Mesa por la Vida y la Salud de las Mujeres, 2012), 212 pages  PDF (3 mb) now online in Spanish

[abortion -Northern Ireland) “Human Rights and Making Change: Looking Backwards and Moving Forwards from the Northern Ireland High Court Decision on Abortion” December 10, 2015  by Dr Catherine O’Rourke, University College Cork, Faculty of Law, CCJHR blog post.

[abortion – Northern Ireland] “Submission of Evidence to the CEDAW Committee Optional Protocol: Inquiry Procedure,  by the Family Planning Association Northern Ireland, Northern Ireland Women’s European Platform (NIWEP), and Alliance For Choice, February 11, 2015. Abstract and Full Text.

[abortion, South Africa]  Claiming and defending abortion rights in South Africa  by Cathi Albertyn,  Revista direito GV São Paulo 11(2) (JUL-DEZ 2015) 429-454.   Abstract and full text in English, abstract in Portuguese.  [Reivindicando e defendendo o direito ao aborto na África do Sul]

[adolescents] “Enhancing the Role of Health Professionals in the Advancement Of Adolescent Sexual Health and Rights in Africa” (2016), by Godfrey Kangaude. International Journal of Gynecology and Obstetrics 132 (2016) 105–108.  online here.

Adolescents’ reproductive and sexual health – “Recommended Reading” – new section of our Adolescents topic page, online here.  It includes these recent papers:

—“The potential of the Expert Committee of the African Children’s Charter in advancing adolescent sexual health and rights in Africa,” by Ebenezer Durojaye,  (2013) 46:3 The Comparative and International Law Journal of Southern Africa 385. Online here.

—“Righting the mismatch between law, policy and the sexual and reproductive health needs of young people in the Asia-Pacific Region” by J. Godwin, et al.  (2014) 22:44 Reproductive Health Matters 137. Article online.

—“Sexual health and rights of adolescents: A dialogue with sub Saharan Africa” by Godfrey Kangaude and Tiffany Banda, “ in Charles Ngwena and Ebenezer Durojaye, eds, Strengthening the protection of sexual and reproductive health through human rights in the African Region through human rights (Pretoria: University of Pretoria Law Press; 2014) 251.

—“Adolescent girls, HIV, and state obligations under the African Women’s Rights Protocol” by Karen Stefiszyn, in Charles Ngwena and Ebenezer Durojaye, eds, Strengthening the protection of sexual and reproductive health through human rights in the African Region through human rights (Pretoria: University of Pretoria Law Press; 2014) 155.

[obstetric violence] “Making Loud Bodies ‘Feminine’: A Feminist-Phenomenological Analysis of Obstetric Violence,” by Sara Cohen Shabot, Human Studies (published online Oct 9, 2015), pp 1-17.  Abstract and article.

“Patients’ Refusal of Recommended Treatment” (2015), by Bernard Dickens and Rebecca Cook. International Journal of Gynecology and Obstetrics 131 (2015) 105–108.  Article and abstract online at SSRN.

US-focused news, resources, and legal developments are available on Repro Rights Prof Blog. View or subscribe.

NEWS

[abortion – Women on Web] “From Nagpur to Northern Ireland: pill pipeline helping women get round abortion laws” Guardian article.

European Union Divorces Itself from US Abortion Ban – 2016 Budget mandates EU funds, “not be subject to restrictions imposed by other partner donors” (i.e. US ban on use of funds for abortions)  Global Justice Centre comment.

JOB OPPORTUNITIES

[Canada, HIV/AIDS]  Policy Analyst/Researcher, Canadian HIV/AIDS Legal Network.  Please send cover letter, resume and unedited writing sample to hiring {at} aidslaw.ca asap or before January 31, 2016.  Job details.

[United Kingdom] 2-year postdoctoral researcher needed to work with Prof. Sally Sheldon and  interdisciplinary research team on an AHRC-funded project, “The Abortion Act: a Biography.”   Kent Law School Kent University , Canterbury, Kent, United Kingdom.  Postdoctoral work details

Deputy Director, Public Health Program, Open Society, New York, USA.   Job details

Executive Director,  Asia Catalyst, New York, USA, which builds strong civil society and advances the right to health for marginalized groups in Asia  Job details

Links to other employers in the field of Reproductive and Sexual Health Law are online here

Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca 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.


REPROHEALTHLAW Updates, Developments, Resources and News

September 3, 2015

REPROHEALTHLAW-L.  September 3, 2015

SUBSCRIBE TO REPROHEALTHLAW:  To receive these updates monthly by email, enter your address in upper right corner of this webpage, then check your email to confirm the subscription.

DEVELOPMENTS

Ireland: UN Committee on Economic, Social and Cultural Rights, Third Periodic Review, Concluding Observations (E/C.12/IRL/CO/3), article 29, recommends Ireland hold referendum; revise abortion laws to international human rights standards; adopt guidelines that clarify risk to life of a pregnant woman; publicize crisis pregnancy options and information on sexual and reproductive health.  Recommendations in English, French or Spanish.

Uruguay’s Administrative Court has passed a ruling that broadens professionals’ conscientious objection to abortion and will increase the barriers impeding women’s access to abortion services, Decision online here under “Sentencia 586/2015“.  Mujer y Salud en Uruguay: MYSU comments in SpanishMYSU comments in English.  To agree with MYSU’s protest, email comunicaciones@mysu.org.uy.

RESOURCES

Abortion Law in Transnational Perspective:  Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens, 16 chapters.  University of Pennsylvania Press, 2014, 482 pages. Introduction by the editors:  Book reviewers should contact Gigi Lamm (glamm {a} pobox. upenn. edu) Includes 16 chapters, Table of Legislation, Table of Cases includes links to abortion-related decisions in English and/or other languages). Table of Contents including new chapter abstracts, online here. Purchase info: U Penn Press.  A Spanish edition was published in August, 2016.  Ahora disponible en español.

Forced Marriage Curriculum:  Law and social work student drafts high school curriculum addressing forced marriage and youth rights.  Article.

[Gender Stereotyping and Violence] Los Estereotipos de Género en los Procedimientos Judiciales por Violencia de Género: El Papel del Comité CEDAW en la Eliminación de la Discriminación y de la Estereotipación (Gender Stereotypes in Gender-based Violence Court Proceedings: The CEDAW Committee’s Role on the Elimination of Discrimination and Stereotyping)  by Gema Fernández Rodríguez de Liévana, Oñati Socio-Legal Series, 5.2 (2015):  498-519. English and Spanish abstract and Spanish article.

US-focused news, resources, and legal developments are available on Repro Rights Prof Blog. View or subscribe.

NEWS:

India: Supreme Court overturns lower court rullings denying of late abortion to girl of 14 raped by doctor.  News of India.

Kenya in court after botched abortion injures raped 15-year-old.  Newspaper article.

JOBS  

Links to employers in the field of Reproductive and Sexual Health Law are online here

__________________

Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca 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


REPROHEALTHLAW – Decisions, Courses and Resources

February 26, 2015

REPROHEALTHLAW
February 26, 2015

DECISIONS:

CEDAW:  Ángela González Carreño v. Spain – decision of July 18, 2014, held the State responsible for gender violence and negligence that led to child’s murder.  Decision now available in 6 languagesCase overview and details.

European Commission:  Historic decision Jan 8, 2015 from the European Commission grants 120 million women access to ellaOne (ulipristal acetate) emergency contraception over-the-counter without prescription throughout the European Union,  Europe press release.     Ministry of Health in Poland will allow sales over-the-counter, including to teens over 15 (age of consent).   Poland press release.  So far, only Hungary insists on prescriptions.  Hungary press release.

COURSES:
“Women and International Human Rights Law” Intensive course taught by Elizabeth Abi-Mershed and Rebecca Cook
“Mujeres y el Derecho Internacional de los Derechos Humanos” por Monica Roa y Julissa Mantilla
Academy on Human Rights and Humanitarian Law, Washington College of Law, American University, Washington DC, USA,  program runs May 26 to June 12, 2015, brochure online.
This Advanced Progam includes 16 other English or Spanish intensive courses taught by more than 40 prominent human rights scholars and practitioners.  Apply by May 1, 2015 using this link.

RESOURCES

[abortion – new book] Good Catholics: The Battle over Abortion in the Catholic Church, by Patricia Miller, University of California Press, 2014, 344 pp.  Description and Table of Contents3 reviews in Conscience Magazine.

Abortion Law in Transnational Perspective:  Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens, 16 chapters.  University of Pennsylvania Press, 2014, 482 pages. Introduction by the editors: online through SSRN. Book reviewers should contact Gigi Lamm (glamm {a} pobox. upenn. edu) Includes 16 chapters, Table of Legislation, Table of Cases, also online here, with links to abortion-related decisions in English and/or other languages). Table of Contents online here. Purchase info: link to U Penn Press.

—Why I Edited This Book, Abortion Law in Transnational Perspective: Cases and Controversies  Blog post by Joanna Erdman.

[abortion] Reproductive Health Matters  special issue “Law and the Courts” (Vol. 22, Issue 44)Available online to institutional subscribers.
Issue Highlights:
—“Contesting the cruel treatment of abortion-seeking women,” by Ruth Fletcher
—“Abortion in Chile: the practice under a restrictive regime” by Lidia Casas and Lieta Vivaldi
—“The shifting politics in multilateral development and human rights negotiations and the absence of accountability,” by Stuart Halford and Sandeep Prasad
—“Can a restrictive law serve a protective purpose? The impact of age-restrictive laws on young people’s access to sexual and reproductive health services” by Elizabeth Yarrow, Kirsten Anderson, Kara Apland, and Katherine Watson
—” Gender inequality in Russia: the perspective of participatory gender budgeting” by Venera Zakirova

[Africa – new book]  Strengthening the protection of sexual and reproductive health and rights in the African region through human rights, ed. Charles Ngwena and Ebenezer Durojaye (Pretoria, South Africa:  Pretoria University Law Press (PULP), 2014) 12 chapters, 365 pages.   Entire book PDF   Overview and Table of Contents.

[Africa: Nigeria/Global]  Comparative Health Law and Policy:   Critical Perspectives on Nigerian and Global Health Law,  ed. Irehobhude O. Iyioha and Remigius N. Nwabueze (UK:  Ashgate 2015), 335 pages.  summary and table of contents.

[Conscience]  “Making Decisions About Decision-Making: Conscience, Regulation and the Law,” José Miola, University of Leicester School of Law Research Paper No. 15-02. Online through SSRN.

“Litigating Reproductive Health Rights in the Inter-American System: What Does a Winning Case Look Like?” by Ciara O’Connell, (2015). Health and Human Rights Journal 16(2) (2014); RegNet Research Paper No. 2015/62. Article online through SSRN.

New Resources in Spanish:

[Human Rights to assisted reproduction] “El derecho humano a contar con asistencia médica para fundar una familia,” by Bernard Dickens,  in Bioética, reproducción y familia,  ed. Fernando Zegers H.  & Sofía P. Salas, (Santiago: Ediciones Universidad Diego Portales, 2014), 83-115.  Spanish overview of the book

[Conscientious Objection and Compromise] “Objeción de conciencia y compromiso en conciencia,” by Bernard Dickens in Bioética, reproducción y familia,  ed. Fernando Zegers H.  & Sofía P. Salas, (Santiago: Ediciones Universidad Diego Portales, 2014), 145-182.  Spanish overview of the book

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Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca For Program publications and resources, see our website, online here.
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