REPROHEALTHLAW Updates – March 2019

March 15, 2019

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:

[El Salvador] Supreme Court ordered release of another three women serving 30 years for alleged abortions.  News report, March 7, 2019.   Report from Safe Abortion.

[Germany]  In February 2019, the Bundestag revised the Criminal Code provision that prohibits the so-called “advertising” of abortions. Providers can now publicly announce, e.g. on websites, that they provide abortion care. News report, Feb 21, 2019.

[Isle of Man] In January 2019, the Abortion Reform Act 2019 allows abortion on a woman’s request in the first 14 weeks of pregnancy.  Abortion at 15-23 weeks’ gestation in cases of sexual assault, severe fatal impairment, or risk to the woman’s health.  effective May 2019.  Abortion Reform Act 2019.

Kenyan High Court upholds human and constitutional rights to maternal dignity and reproductive healthcare:   J O O (also known as J M) v Attorney General & 6 others [2018] Petition No 5 of 2014, (High Court of Kenya at Bungoma).  March 22, 2017.  Case summary by Naitore Nyamu.     Court decision.    Legal Grounds III online.

Pakistan Court Orders Implementation of Measures to Address Obstetric Fistula
CRR Press Release.

SCHOLARSHIP:

Mahmoud F. Fathalla, “Abortion and Public Health Ethics,” in: The Oxford Handbook of Public Health Ethics, ed.  Anna C. Mastroianni, Jeffrey P. Kahn, and Nancy E. Kass, Oxford Handbooks Online,  February 2019.  Article online.

[abortion law, Argentina]  “Constitutional Dialogues and Abortion Law Reform in Argentina: What’s Next?” by Paola Bergallo, featured on I-CONnect Blog, Feb. 27, 2019.  Article online.

[female circumcision]  “Circumcision, Female,” by Mahmoud F. Fathalla,  Encyclopedia of Global Bioethics, ed. Henk ten Have  (Switzerland: Springer International, 2016)  Abstract and article.   Encyclopedia of Global Bioethics.

[HIV transmission, stigma] “Expert Consensus Statement on the Science of HIV in the Context of Criminal Law” by F. Barré-Sinoussi et al.  Journal of the International AIDS Society  21 (2018): e25161  Expert Consensus Statement.      Overview in JIAS editorial.

JOBS

Links to 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.

 

 

 

 


Abortion Across Borders: Transnational Travel and Access to Abortion Services

March 15, 2019

Congratulations to the editors and authors of a new book, Abortion across Borders Transnational Travel and Access to Abortion Services, who examine how restrictive policies force women to move both within and across national borders in order to reach abortion providers, often at great expense, over long distances and with significant safety risks.  Taking historical and contemporary perspectives, contributors examine the situation in regions that include Texas, Prince Edward Island, Ireland, Australia, the United Kingdom, and Eastern Europe.  Throughout the book, they take a feminist intersectional approach to transnational travel and access to abortion services that is sensitive to inequalities of gender, race, and class in reproductive health care. This multidisciplinary volume raises challenging logistical, legal, and ethical questions while exploring the gendered aspects of medical tourism.   To request an examination or review copy,  see online here.  We are pleased to circulate the full Table of Contents:

Christabelle Sethna and Gayle Davis, eds., Abortion across Borders:  Transnational Travel and Access to Abortion Services,  Johns Hopkins University Press, 2019.  360 pages.  Detailed overview, Author bios, Reviews, and Contents.

Table Of Contents

Introduction:
Christabelle Sethna

Part I. Flight Risks

1. Sherri Finkbine Flew to Sweden: Abortion and Disability in the Early 1960s
Lena Lennerhed

2. From Heathrow Airport to Harley Street: The ALRA and the Travel of Nonresident Women for Abortion Services in Britain
Christabelle Sethna

3. The Trans-Tasman Abortion Travel Service: Abortion Services for New Zealand Women in the 1970s
Hayley Brown

Part II. Domestic Transgressions

4. All Aboard the “Abortion Express”: Geographic Variability, Domestic Travel, and the 1967 British Abortion Act
Gayle Davis, Jane O’Neill, Clare Parker, and Sally Sheldon

5. A Double Movement: The Politics of Reproductive Mobility in Ireland
Mary Gilmartin and Sinéad Kennedy

6. Tales of Mobility: Women’s Travel and Abortion Services in a Globalized Australia
Barbara Baird

7. Don’t Mess with Texas: Abortion Policy, Texas Style
Lori A. Brown

8. Trials and Trails: The Emergence of Canada’s Abortion Refugees in Prince Edward Island
Cathrine Chambers, Colleen MacQuarrie, and Jo-Ann MacDonald

Part III. Democratic Transitions

9. Abortion Travel and the Cost of Reproductive Choice in Spain
Agata Ignaciuk

10. “The Import Problem”: The Travels of Our Bodies, Ourselves to Eastern Europe
Anna Bogic

11. Abortion and the Catholic Church in Poland
Ewelina Ciaputa

12.  Beyond the Borders of Brexit: Traveling for Abortion Access to a Post-EU Britain
Niklas Barke

Abortion across Borders:  Transnational Travel and Access to Abortion Services, 

Book Overview, Author bios, Reviews, and Contents.

__________________
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.


“Female Circumcision” by Dr. Mahmoud Fathalla

March 15, 2019

Congratulations and thanks to Dr. Mahmoud F. Fathalla, professor of the Department of Obstetrics and Gynaecology at Assiut University in Egypt, whose useful article on “Female Circumcision” in the Encyclopedia of Global Bioethics is now available online.  We are pleased to circulate the abstract:

Mahmoud F. Fathalla, “Circumcision, Female,” in:  Encyclopedia of Global Bioethics, ed. Henk ten Have  (Switzerland: Springer International, 2016)  Article onlineEncyclopedia of Global Bioethics.

Abstract
Female circumcision (otherwise called as female genital mutilation or female genital cutting) refers to all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. More than 125 million girls and women alive today have been cut in the 29 countries in Africa and Middle East where the practice is concentrated. The procedure varies from an insignificant cut to a major mutilation. However, it has been shown to have no health benefits, can harm girls and women, and therefore raises ethical concerns about the right of the child and dignity of the woman. In its cultural context, ensuring that a daughter undergoes genital cutting as a child or teenager is a parental loving act meant to make certain of her marriageability. This is particularly important in societies where there is little economic viability for women outside marriage. The health profession faces ethical issues and challenges about medicalization of the procedure, medical alternative rituals, obstetric care for women who have had the procedure, and responding to requests for resuturing after delivery. The elimination of this harmful traditional practice may be promoted less effectively by insensitive enforcement of criminal laws than by the counseling and education of patients and communities.
The full text is online here.

RELATED RESOURCES:

Female genital mutilation/cutting in Africa: A complex legal and ethical landscape,” by S Nabaneh and AS Muula, is forthcoming 2019 in the International Journal of Gynecology and Obstetrics  Abstract and article – early view.

Female Genital Cutting (Mutilation/ Circumcision): Ethical and Legal Dimensions,” by  R. J. Cook,  B.M. Dickens, and M.F. Fathalla (2002) 79 International Journal of Gynecology and Obstetrics : 281-287. Abstract and article.

—-Turkish translation:  Kadın Sünneti (Sakatlama/Sünnet): Etik ve Hukuki Boyutlar,” trans. Mustafa Erçakıca, Beykent Üniversitesi Hukuk Fakültesi Dergisi, Volume II, No: 4, December 2016, p. 111-121.  Turkish translation  online.

Ethical and Legal Issues in Reproductive Health“: 90 concise articles 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.

 


“Abortion and Public Health Ethics” by Dr. Mahmoud Fathalla

March 15, 2019

Congratulations and thanks to Dr. Mahmoud F. Fathalla of the Department of Obstetrics and Gynaecology at Assiut University in Egypt, whose article in the forthcoming Oxford Handbook of  Public Health Ethics can now be previewed online.

Mahmoud F. Fathalla, “Abortion and Public Health Ethics,” The Oxford Handbook of Public Health Ethics, ed. Anna C. Mastroianni, Jeffrey P. Kahn, and Nancy E. Kass, Oxford Handbooks Online,  February 2019,  Article online.

Abstract:
There is an ethical imperative to take public health action to eliminate the global problem of unsafe abortion. The moral obligation is dictated by the magnitude of the problem, the health inequities and social injustices that result from lack of access to safe abortion, the voices of women calling for action, and an international consensus recognizing unsafe abortion as a global health problem. The availability of public health interventions and the cost savings associated with fewer abortion complications reinforce the obligation to address unsafe abortion. Public health actions include reducing the need for abortion through family planning, providing safe abortion to the full extent of the law, managing abortion complications, and providing post-abortion care. These actions intersect with morality, religion, law, justice, and human rights. The public health community has a collective social and ethical responsibility to stand beside and behind women as they claim their human right to health.

Keywords:
public health ethics, abortion, unsafe abortion, public health, global health, justice, family planning, human rights

The full text of this article is online here.

RELATED RESOURCE:
Reproductive health and public health ethics” by B.M. Dickens and R.J. Cook (2007) 99 International Journal of Gynecology and Obstetrics 75-79.
__________________
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 – February 2019

February 19, 2019

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:

[abortion] Ireland – The Health (Regulation of Termination of Pregnancy) Act was signed into law, effective January 1, 2019.  Medical Council also deleted four of the five paragraphs dealing with abortion from its guide on professional conduct and ethics because they conflicted with the Act.  Newspaper article.

[abortion -Northern Ireland] UK Supreme Court had ruled in June ([2018] UKSC 27 (7 June 2018)  On appeal from: [2017] NICA 42that violation of European Convention on Human Rights could not be decided without at least one complainant.  On January 30, 2019,  Sara Ewart, who had once travelled for abortion of a fatally impaired fetus, launched a case that could find Northern Ireland’s abortion law in breach of the UK’s human rights commitments. She is supported by Amnesty International.  News articleAmnesty International press release.

[conscience – institutional] Chile, Constitutional Court upheld an unconstitutionality claim against the government’s new Regulations about the scope of “institutional” conscientious objection for private facilities and clinics.  STC Rol N° 5572-18-CDS / 5650-18-CDS (acumuladas). January 18, 2019.   Spanish decision  English news report.

[conscience]   Norway: Supreme Court upholds rights of doctor who refused to insert IUD.  Newspaper article.

[stigma] US:  Vending Machines Offer Emergency Contraception Without the Stigma introduced in 2012, now at several campuses, including Stanford University.   News report.

SCHOLARSHIP:

[abortion access]  Crossing Troubled Waters: Abortion in Ireland, Northern Ireland, and Prince Edward Island, ed. Colleen MacQuarrie, Fiona Bloomer, Claire Pierson and Shannon Stettner (Charlottetown, PEI, Canada: Island Studies Press, 2018). 288 pages.      Table of ContentsPublisher’s web page.

[abortion law]   “Criminal law and the risk of harm: a commentary on the impact of criminal laws on sexual and reproductive health, sexual conduct and key populations,” by Veronica Birga, Luisa Cabal, Lucinda O’Hanlon & Christina Zampas.   Reproductive Health Matters, 26.52 (2018): 33-37 Article online.

[abortion law, Argentina] Federalism, two-level games and the politics of abortion rights implementation in sub-national Argentina, by Alba Ruibal, in Reproductive Health Matters 26:54 (Nov. 2018): 137-144.   Article in English with abstracts in English. French & Spanish.

[abortion law, Argentina] “Legal obstacles and social change: strategies of the abortion rights movement in Argentina,” by Alba Ruibal and Cora Fernandez Anderson, in Politics, Groups and Identity,  preview November 2018, 17 pages.  Institutional access.   Abstract from Safe Abortion.

[abortion law, Argentina]”Federalism and subnational legal mobilization: feminist litigation strategies in Salta, Argentina,” by Alba Ruibal,  Law & Society Review,  32-page preview 29 October 2018. Institutional access.    Abstract from Safe Abortion.

[abortion law – Brazil]  Constitutionalizing Abortion in Brazil, by Marta Machado and Rebecca J. Cook, Revista de Investigações Constitucionais / Journal of Constitutional Research, vol. 5, n. 3 (set./dez. 2018) pp.185-231.  Abstract and Article PDF.   Also at SSRN.

[abortion law – Brazil and Mexico]  “Constitutionalism and rights protection in Mexico and Brazil: comparative remarks, by Francisca Pou Giménez, in Revista de Investigações Constitucionais / Journal of Constitutional Research, vol. 5, n. 3 (set./dez. 2018) pp 233-255  Abstract and article PDF.

[abortion law, Dominican Republic]  “It’s Your Decision.  It’s Your Life:  Total criminalization of abortion in the Dominican Republic.”  interviews, plus legal overview and recommendations.  (Human Rights Watch, Nov 19, 2018).   84 pages. English PDF    Spanish PDF.   Online in English.    Overview with 5-minute video.

[abortion law -Ireland]  “Abortion, the Irish Constitution, and constitutional change” by David Kenny, Revista de Investigações Constitucionais / Journal of Constitutional Research, vol. 5, n. 3 (set./dez. 2018) pp. 257-275.   Abstract and Article PDF.

[abortion law, Mexico] “Maternidad o Castigo:  La criminalización del aborto en Mexico,”  (Mexico, GIRE, 2018)  [Report in Spanish:] Informe de 72 paginas.  For executive summary in English, see: Motherhood or Punishment: The criminalization of abortion in Mexico:  English summary.

[abortion law] “Northern Ireland and Abortion Law Reform,” by Kathryn McNeilly, Fiona Bloomer and Claire Pierson,  Queen’s University, Ulster University and University of Liverpool, Sept. 2018, open access, 8 pages.  Briefing Paper.

[adolescents]  “(De)Criminalizing Adolescent Sex: A rights-based assessment of age of consent laws in Eastern and Southern Africa,” by Godfrey Dalitso Kangaude and Ann Skelton, SAGE Open (Oct-Dec 2018): 1 –12.   Article online.   Abstract.

[conscience]  “Objection ladies! Taking IPPF-EN v. Italy one step further, by Emmanuelle Bribosia, Ivana Isailovic and Isabelle  Rorive, in:  Integrated Human Rights in Practice:Rewriting Human Rights Decisions, ed. Eva Brems and Ellen Desmet (Cheltenham, UK:  Elgar, 2018).  Abstract and previous version.

[conscience]  “Religious Refusals and Reproductive Rights,” by Louise Melling, chapter 14 in:  The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality, ed. Susanna Mancini and Michel Rosenfeld (Cambridge, UK:  Cambridge University Press, 2018)  pp. 375-391.   Institutional Access.

[conscience]  “Seeking to square the circle:  Conscientious objection in Reproductive Healthcare” by Emmanuelle Bribosia and Isabelle  Rorive, chapter 15 in:  The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality, ed. Susanna Mancini and Michel Rosenfeld (Cambridge, UK:  Cambridge University Press, 2018)  pp. 392-413.  Institutional Access.    Abstract and previous version

 

[gender stereotyping, I.V. v. Bolivia, sterilization]  “The human rights impact of gender stereotyping in the context of reproductive health care,” by Ciara O’Connell and Christina Zampas,  International Journal of Gynecology and Obstetrics 144 (2019):  116–121.  PDF online here.

[maternal health] Impact of reproductive evolutionary mismatch on women’s health and the need for action and research, by Mahmoud F. Fathalla, International Journal of Gynecology and Obstetrics 144 (Feb. 2019): 129–134.  Institutional Access.  

[New book] Beyond Virtue and Vice:  Rethinking Human Rights and Criminal Law
ed.  Alice M. Miller and Mindy Jane Roseman,  Pennsylvania Studies in Human Rights (Philadelphia: University of Pennsylvania Press, 2019)  360 pages. Book information.
Intro and chapters 1 and 3 online.
Chapters about abortion law include:
ο    “Abortion as Treason: Sexuality and nationalism in France” by Mindy Jane Roseman
ο    “Criminal Law, Activism and Sexual and Reproductive Justice: What we can learn from the sex selection campaign in India,” by Geetanjali Misra and Vrinda Marwah
ο    “Harm Production: An argument for decriminalization,”  by Joanna N. Erdman

JOBS

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

Senior Vice President, Global Legal Program, Center for Reproductive Rights, New York, USA.    Job details and application form.

______________
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.

 

 

 

 


Abortion access on islands: Ireland, N. Ireland & Prince Edward Island

February 19, 2019

Congratulations to the authors and publishers of a new book, Crossing Troubled Waters: Abortion in Ireland, Northern Ireland and Prince Edward Island, which shines a light on two islands—Ireland (north and south) and Prince Edward Island, Canada—and considers for each island the nature of the discourse on  abortion, the impact of abortion restrictions, ongoing efforts to improve access, and recent activist successes.   Women living on islands face additional challenges in accessing abortion services because of their geographic isolation, including travel to other jurisdictions, which is financially and emotionally burdensome.

Crossing Troubled Waters: Abortion in Ireland, Northern Ireland, and Prince Edward Island, ed. Colleen MacQuarrie, Fiona Bloomer, Claire Pierson and Shannon Stettner (Charlottetown, PEI, Canada: Island Studies Press, 2018). 288 pages.      Publisher’s web page.

Table of Contents
Introduction
1.     Accounts of Accessing Abortion in Prince Edward Island: Canada’s Anti-Choice Island,  by Colleen MacQuarrie and Cathrine Chambers

2.     Conceivable Possibilities: Space, Stigma, and Subjectivity, by Angele DesRoches

3.     “Don’t Talk About It”: The Silenced Experiences of Allies and Advocates to Abortion Access in PEI,  by Emily Rutledge

4.     Feminist Liberation Psychology: Animating Systemic Change on Abortion Access in PEI, by Colleen MacQuarrie

5.     The Law of Stigma, Travel, and the Abortion-Free Island, by Joanna Erdman, previous version online here.

6.     The Irish Abortion Debate, by Ciara Meehan

7.     Mobility, Migrants and Abortion in Ireland, by Sinead Kennedy and Mary Gilmartin

8.      A “United” Kingdom:?: The 1967 Abortion Act and Northern Ireland, by Jennifer Thomson

9.     Anti-abortion Myths in Political Discourse, by Claire Pierson and Fiona Bloomer

10.     From Grassroots to Government: Arts engagement Strategies in Abortion Access Activism in Ireland   by Emma Campbell and Siobhan Clancy

11.    A Tale of Two Islands: From the Local to the Global/International Resonances, by Marlene Gerber Fried

Conclusion,  by Colleen MacQuarrie, Fiona Bloomer, Claire Pierson, and Shannon Stettner

To purchase print copy, see:   Publisher’s web page.

Or PDF copies may be bought and downloaded here from the UPEI bookstore.

__________________
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.


Africa: (De)Criminalizing Adolescent Sex: Rights and Age of Consent Laws

February 19, 2019

Congratulations to Godfrey Dalitso Kangaude, a doctoral candidate at the University of Pretoria, and Prof. Ann Skelton, Director of the Centre for Child Law at the same university, for publishing the following article in an open access journal.  We are pleased to circulate an expanded abstract below:

Godfrey Dalitso Kangaude and Ann Skelton, (De)Criminalizing Adolescent Sex: A Rights-Based Assessment of Age of Consent Laws in Eastern and Southern Africa,” SAGE Open (Oct-Dec 2018): 1 –12.   Article online.

Abstract:   Age of consent criminal laws imposed on African states during colonialism were inherently patriarchal and gender-stereotypic, and continue to influence country approaches toward adolescent consensual sexual conduct. There are two major policy positions: a punitive and a nonpunitive approach. Most countries adopt the punitive approach. Mostly, legislation does not explicitly criminalize consensual sexual conduct between adolescents, and this leaves a gray area to be filled in by social and cultural norms that perceive adolescent sexual conduct negatively. Punitive approaches have been justified as necessary to curb harms to adolescents resulting from sexual conduct, including teenage pregnancies and sexual abuse. Age of consent laws, especially in their original colonial formulation, deny adolescents–especially girls–sexual autonomy and agency. States focus more on punishment than on taking measures to address the structural antecedents of harms associated with sexual intercourse. States should reform age of consent laws to decriminalize consensual sex between adolescents in accordance with recognized rights of the child.

Drawing upon concepts from childhood sociological studies, the article examines historically and culturally constructed notions of childhood and adolescence and ideas about sexual agency of children. Using findings of a study, conducted by the Center for Child Law of the University of Pretoria, on age of consent laws in Eastern and Southern Countries, the article addresses questions about the rationale for age of consent laws, and whether and how these laws could be reformed to better align with the rights of the child. The article also examines these questions through the lens of court decisions in South Africa, Kenya and Zimbabwe that dealt with the issue of criminalisation of adolescent consensual sex. The article makes a case for decriminalisation because criminalisation infringes the sexual agency of adolescents and infringes on a host of rights including the right to dignity, equality and privacy. Criminalisation also impacts on other aspects of the well-being of the child and adolescent. including sexual health and protection from harms related to sexual conduct.

This 12-page article: is online here.

Cases mentioned:

Related resource:
Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts
Pretoria: Pretoria University Law Press (PULP), 2017.  Online edition with decisions and updates.    Entire book, 228-pages.   Printed copies available.

________________
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.