REPROHEALTHLAW Updates – January 2019

January 14, 2019

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DEVELOPMENTS

Democratic Republic of the Congo: Legal access to abortion expanded in July 2018, to comply with Article 14 of the (Maputo) Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. “Women can now legally access abortion – in cases of sexual assault, rape or incest, or when the continuing pregnancy would endanger the mental and physical health of the woman or the life of the woman or the fetus.”  Details from Safe Abortion.

El Salvador: Court frees another woman jailed under anti-abortion laws, BBC News (Dec. 18, 2018).   BBC News article

[U.N. Human Rights Committee]  General comment No. 36 (2018) on  article 6 of the International Covenant on Civil and Political Rights, on the right to life.” U.N. Doc, CCPR/C/GC/36, October 30, 2018. Advance unedited version.

ABORTION LAW DECISIONS ON THE WEB

Abortion Law Decisions webpages, in English and Spanish, are now updated with new court decisions and alternate links to older decisions. Prepared by our International Reproductive and Sexual Health Law Program at the University of Toronto’s Faculty of Law, it includes Domestic, Regional and International Jurisprudence.  English edition.   Spanish edition.

SCHOLARSHIP:

[abortion]  “Understandings of self-managed abortion as health inequity, harm reduction and social change,” by Joanna N. Erdman, Kinga Jelinska & Susan Yanow, Reproductive Health Matters 26.54 (Nov. 2018): 13-19.   Abstract and article.

[abortion]  “Re-situating Abortion: Bio-politics, Global Health and Rights in Neo-liberal Times.” Special Issue of Global Public Health 13.6 (2018). Guest Editors: Maya Unnithan and Silvia de Zordo.  Table of Contents with links to articles.

[abortion guidelines – France] “Elective abortion: Clinical practice guidelines from the French College of Gynecologists and Obstetricians (CNGOF)”  Christophe Vayssière et al.,et. al. European Journal of Obstetrics & Gynecology and Reproductive Biology 222 (March 2018): 95–101  Abstract and article.

[abortion law – Malawi] “The Duty to make abortion law transparent:  A Malawi case study,”  by Godfrey Dalitso Kangaude and Chisale Mhango, International Journal of Gynecology and Obstetrics 143 (Dec. 2018): 409–413.   PDF at Wiley onlineSubmitted text at SSRN.

[abortion law  – Ireland] “A tough job: recognizing access to abortion as a matter of equality. A commentary on the views of the UN Human Rights Committee in the cases of Mellet v. Ireland and Whelan v. Ireland,” by Katarzyna Sękowska-Kozłowska,  Reproductive Health Matters 26.54 (Nov. 2018): 25-31.  Article online.

[abortion law – United Kingdom]  “UK Abortion Law: Reform Proposals, Private Members’ Bills, Devolution and the Role of the Courts,” by Robert Brett Taylor, Adelyn L.M. Wilson, Modern Law Review, 2019  Abstract and article.

[abortion laws – sex selection, India and U.S.] Women’s human rights and migration: sex selective abortion laws in the United States and India, by Sital Kalantry, Philadelphia, University of Pennsylvania Press, 2017, 272 pp.,  Reviewed in International Feminist Journal of  Politics

[abortion policies database] “Global Abortion Policies Database: a new approach to strengthening knowledge on laws, policies, and human rights standards,” by Brooke Ronald Johnson, Jr., Antonella Francheska Lavelanet and Stephanie Schlitt, BMC International Health and Human Rights 18.35 (Sept 2018): 1-5.  Abstract and article.

[abortion rights – Argentina] “Federalism, two-level games and the politics of abortion rights implementation in subnational Argentina, by Alba Ruibal, Reproductive Health Matters 54 (Nov. 2018): 137-144.  Article online.

[Europe] “Women’s sexual and reproductive health and rights in Europe,” Issue Paper by the Council of Europe Commissioner for Human Rights (France: Council of Europe, Dec. 2017).  78-page Issue Paper.

[gender stereotypes – judiciary]  “Background paper on the role of the judiciary in addressing the harmful gender stereotypes related to sexual and reproductive health and rights: A review of case law.”  (Geneva: UN Office of the High Commissioner for Human Rights, [2018])  in English  and Spanish

“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 144.2 (Feb. 2019): 129-134 | Abstract and article online.

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


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.

 

 

 

 


Malawi: The duty to make abortion law transparent

January 14, 2019

Congratulations to Godfrey Dalitso Kangaude, LL.M., a doctoral candidate in Law at the University of Pretoria, and Dr. Chisale Mhango, former Director of Reproductive Health Services in Malawi’s Ministry of Health, for their recent publication in the International Journal of Gynecology and Obstetrics.   We are pleased to circulate the abstract and links below:

Godfrey Dalitso Kangaude and Chisale Mhango, “The duty to make abortion law transparent: A Malawi case study,” International Journal of Gynecology and Obstetrics 143.3 (Dec. 2018): 409–413     PDF at Wiley onlineSubmitted text at SSRN.

Abstract:    Despite adopting a progressive legal and policy framework informed by internationally recognized human rights norms and values, Malawi has not complied with the obligation to explain its abortion law in accordance with legal and human rights standards. In 1930, the colonial government adopted a Penal Code derived from English criminal law, containing provisions regulating access to abortion, but has not undertaken measures to explain when abortion is lawful. What constitutes legal abortion has never been clarified for health providers and potential clients. Consequently, eligible girls and women fail to access safe and legal abortion. The Malawi Law Commission, following its review of the colonial abortion law, has proposed liberal changes which, if implemented, would expand access to safe abortion. However, the immediate step the government ought to take is to clarify the current abortion law, and not to wait for a new law expected to materialize in the indeterminate future.

Keywords: abortion law in Malawi, Colonial abortion law, Health and human rights, Implementing abortion law, Lawful abortion, Transparency in abortion law

Download this publication here: free access for only 12 months.
Submitted typescript, before publication:  is available here at SSRN.

Related resources:

Charles G. Ngwena, “Reforming African Abortion Laws and Practice: The Place of Transparency” Abortion Law in Transnational Perspective: Cases and Controversies ed. Rebecca J. Cook, Joanna N. Erdman, and Bernard M. Dickens (University of Pennsylvania Press, 2014) pp 166-186, notes 419-422.      Article abstract online.   Abortion Law book Table of Contents and abstracts.   Book in Spanish.

“Achieving Transparency in Implementing Abortion Laws” by R.J. Cook, J.N. Erdman and B.M. Dickens (2007) 99 International Journal of Gynecology and Obstetrics 157-161.  Article and abstract online.

88 other concise IJGO articles on Ethical and Legal Issues in Reproductive Health 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 – October 2018

October 31, 2018

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DEVELOPMENTS

Bulgaria:  Constitutional Court declares the Istanbul Convention against violence against women  unconstitutional.  July 27, 2018.  Oxford Human Rights Hub article.

Constitutional Court of Croatia.  Decision of March 2, 2017.  Rješenje Ustavnog Suda Republike Hrvatske, broj: U-I-60/1991 i dr. od 21.veljace 2017.  Decision online in Croatian. Backup copy.  Summary in English from CRR   Croatian Court’s Press release – 11 pages in English.

CALL FOR ABSTRACTS:

Fourth International Congress on Women’s Health and Unsafe abortion (IWAC 2019), February 19-22, 2019, Asia Hotel, Bangkok Thailand  Theme:  “We Trust Women: Universal Access to Safe Abortion.”  Submit abstracts by Nov 15, 2018  Call for Abstracts

SCHOLARSHIP:

Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca Cook, Joanna Erdman and Bernard Dickens (Philadelphia: Univ. Pennsylvania Press, 2014) Now in Paperback.  20% discount code: PH70.  English abstracts.   Spanish edition – abstractsTable of Cases in English or Spanish.

[Africa]  “(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,  (peer-reviewed) Sage Open 2018 (Oct-Dec): 1-12.   Article online.

[Brazil – anencephaly – Supreme Court]   “The STF decision on abortion of anencephalic fetus: A Feminist Discourse Analysis” by Lucia Goncalves de Freitas, Alfa, Sao Paulo, 62.1 (2018): 11-33.   Article in English.

[Brazil – obstetric care, maternal mortality /morbidity, Alyne case]  “Implementing international human rights recommendations to improve obstetric care in Brazil,” by Alicia E Yamin, Beatriz Galli and Sandra Valongueiro.   International Journal of Gynecology and Obstetrics 143.1 (October 2018): 114-120.    Download full text PDF now, because Free Access expires in 6 months.    Abstract online in English   For Portuguese abstract, click on :Supporting Information”.  

[Brazil – zika, microcephaly]  BOOK:  Zika: from the Brazilian backlands to a Global Threat (Zed Books, 2017)  in English  and  Portuguese .

[conscience]  “Balancing Freedom of Conscience and Equitable Access,” by Wendy Chavkin, Desiree Abu-Odeh, Catherine Clune-Taylor, Sara Dubow PhD, Michael Ferber and Ilan H. Meyer, American Journal of Public Health 108.11 (Nov 2018): 1487-88.  Article online.

[conscientious objection, Ireland] “Conscientious Objection, Harm Reduction and Abortion Care,”  by Ruth Fletcher, in Mary Donnelly and Claire Murray eds., Ethical and Legal Debates in Irish Healthcare: Confronting Complexities (Manchester: Manchester University Press, 2016) pp. 24-40.  Pre-publication version.     Book information

[conscientious objection – South Africa “Let’s call ‘conscientious objection’ by its name: Obstruction of access to care and abortion in South Africa,” by Satang Nabaneh, Marion Stevens & Lucía Berro Pizzarossa,  24 October 2018, Oxford Human Rights Hub.

[Forced sterilization] “Gendered Power Relations and Informed Consent: The I.V. v. Bolivia Case,” by Martín Hevia and Andrés Constantin, Health and Human Rights JournalEarly view of full text.

[Intersex] “Management of intersex newborns: Legal and ethical developments,” by Bernard M. Dickens, International Journal of Gynecology and Obstetrics  143.2 (Nov. 2018): 255–259.  PDF at Wiley online.   Submitted text at SSRN.

[Ireland] “Reproductive Justice in Ireland: A Feminist Analysis of the Neary and Halappanavar Cases,” by Joan McCarthy,  in: Mary Donnelly and Claire Murray, eds., Ethical and Legal Debates in Irish Healthcare: Confronting Complexities (Manchester, UK: Manchester University Press, 2016).   Submitted Text online.   Book information

[Ireland and Britain] “Reproductive rebellions in Britain and the Republic of Ireland: contemporary and past abortion activism and alternative sites of care,” by Ben Kasstan and Sarah Crook, in Feminist Encounters: A Journal of Critical Studies in Culture and Politics, 2.2 (2018):  1-16.  Article online.

Annotated Bibliographies now available:  Right to Conscience
Fetal anomaly indication for abortion Rape or Incest abortion – English.  or Spanish)  Latin America:  Causal violación y/o incesto   (Toronto: International Reproductive and Sexual Health Law Program, 2018).

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


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 Updates – Sept 2018

September 30, 2018

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

[UN – CEDAW and CRPD] “Guaranteeing sexual and reproductive health and rights for all women, in particular women with disabilities,”   Joint statement by the Committee on the Rights of Persons with Disabilities (CRPD) and the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), 29 August 2018.  Decriminalize abortion, repeal discriminatory health policies and abortion laws that perpetuate deep-rooted stereotypes and stigma and undermine women’s reproductive autonomy and choice.    PDF online.

CALL FOR PAPERS:

“The Impact of Politics on Sexual and Reproductive Health and Rights,” for publication in Reproductive Health Matters, May 2019.  Submissions due October 31, 2018.  RHM Call for papers

SCHOLARSHIP:

[abortion law – Brazil]    “Brazilian Supreme Court Public Hearing on the Decriminalization of Abortion:   Antecedents, Contents, Meanings” by Sonia Corrêa  (published by Sexuality Policy Watch, 2018)  27 pages PDF     Direct download.

[abortion law – Brazil]  Testimony by Prof. Rebecca Cook . . .against Unsafe Abortion in the Public Hearing of the Brazilian Supreme Court, caso ADPF 442, Brasilia, August 3, 2018.   English original.    em Portugues do Brasil.   Testimonio – Espanol traducido por CLACAI (Consorcio Latinoamericano contra el aborto inseguro).    Uno otro en Espanol.  

[abortion law – El Salvador] “Physicians’ Challenges under El Salvador’s Criminal Abortion Prohibition,” by Alyson Zureick, Amber Khan, Angeline Chen and Astrid Reyes. forthcoming International Journal of Gynecology and Obstetrics, October2018  Early view PDF.   Submitted text online at SSRN.

[abortion law – Malawi] “The Duty to make abortion law transparent:  A Malawi case study,”  by Godfrey Dalitso Kangaude and Chisale Mhango, forthcoming International Journal of Gynecology and Obstetrics,     Early view PDF.

Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca Cook, Joanna Erdman and Bernard Dickens (Philadelphia: Univ. Pennsylvania Press, 2014) 20% discount code is PH70.  Abstracts of all 16 chapters.   Spanish edition by FCE/CIDE – 16 abstractsAbortion Decisions: Table of Cases in English and Spanish.

[abortion policy] “The Philippines rolls back advancements in the postabortion care policy,” by Melissa Upreti and Jihan Jacob,  International Journal of Gynecology and Obstetrics 142 (August 2018): 255–256.   PDF onlineSubmitted text  at SSRN.

[abortion policies] “Access to knowledge and the Global Abortion  Policies Database,”  by Joanna N. Erdman and Brooke Ronald Johnson Jr.  International Journal of Gynecology and Obstetrics, July 2018; 142: 120–124   PDF at Wiley online.   Submitted text at SSRN.

[Africanness, including sexuality],  What is Africanness?: Contesting nativism in culture, race and sexualities, peer-reviewed book by Charles G. Ngwena (Pretoria University Law Press, 2018) 306 pages.  “Part 3: Heterogeneous Sexualities” – chapter abstracts.    Entire book open access at PULP.     Table of Contents.   Overview, Comments from scholars,  PDFs of all chapters.

[Brazil – obstetric care, maternal mortality /morbidity, Alyne case]  “Implementing international human rights recommendations to improve obstetric care in Brazil,” by Alicia E Yamin, Beatriz Galli and Sandra Valongueiro.   International Journal of Gynecology and Obstetrics 143.1 (October 2018): 114-120    Abstract online in English and Portuguese. English PDF for institutional subscribers.

[CEDAW]”The Committee on the Elimination of Discrimination against Women” by Rebecca J. Cook and Cusack, Simone Cusack.  In Tara Van Ho and Nigel Rodley, eds, Research Handbook on Human Rights Institutions and Enforcement (Edward Elgar Publishing Ltd, Forthcoming).  Submitted text archived online.

[conscience]  Unconscionable: When Providers Deny Abortion Care  Report of the International Women’s Health Coalition, 2018, based on the first global meeting on the topic of “conscientious objection,” held in Montevideo, Uruguay in August 2017.    8-page report.

[intersex, gender] “Management of intersex newborns: Legal and ethical developments,by Bernard M. Dickens, forthcoming International Journal of Gynecology and Obstetrics, 2018.   Early View PDF.

[self-managed abortion] “Understandings of self-managed abortion as health inequity, harm reduction and social change,” by Joanna N. Erdman, Kinga Jelinska and Susan Yanow. Forthcoming in Reproductive Health Matters. Early view PDF.

[strategic litigation] Seeking Social Change in the Courts: Tools for Strategic Advocacy, by Mónica Roa with Barbara Klugman (Women’s Link Worldwide, 2018) practical tool for advocates from all social justice fields who are interested in using the courts and understanding “strategic litigation”  160 pages, PDF online..

ANNOTATED BIBLIOGRAPHIES:

“The Right to Conscience” – An Annotated Bibliography.   (Toronto: International Reproductive and Sexual Health Law Program,
Faculty of Law, University of Toronto, 2018)  Conscience bibliography

Indications for abortion: new annotated bibliographies:

  • Fetal Anomaly:  Annotated Bibliography on legal aspects of fetal anomaly and their implications for counseling, service delivery and abortion laws and policies (Toronto: International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto, 2018).  Fetal anomaly bibliography
  • Rape-related abortion:  Legal and policy dimensions of rape-related abortion services (Court decisions, Treaty resources, policy guidance and publications. ) (Toronto: International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto, 2018).  Rape or Incest bibliography 
  • Causal Violacion y/o incesto:  Selección de doctrina y jurisprudencia latinoamericanas sobre Causal violación y/o incesto en casos de aborto (Rape or Incest bibliography in Spanish)  (Toronto: El Programa Internacional de Derecho en Salud Sexual y Reproductivas Facultad de Derecho, Universidad de Toronto, 2018)

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


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.

 

 

 

 


“What is Africanness?” Contesting nativism in race, culture and sexualities, new book by Prof. Charles Ngwena

September 30, 2018

Congratulations to Professor Charles G. Ngwena from the Centre for Human Rights, Faculty of Law, University of Pretoria, whose peer-reviewed monograph is now freely available for download through the open-access Pretoria University Law Press.

Charles Ngwena,  What is Africanness?  : Contesting nativism in culture, race and sexualities,  (Pretoria University Law Press (PULP), 2018) 306 pages.
Detailed Table of Contents, Overview, Comments from scholars, and PDFs of all chapters.

This important book contributes to the ongoing scholarly conversation about who is African and what is African.  It aims to implicate a reductive sameness in the naming of Africans (‘nativism’) by showing its teleology and effects, then offers an alternative liberating and decentred understanding of Africa as the land of diverse identifications.   As the author states in the opening chapter: “The intention of this book . . . is to offer a discourse on how Africans can name themselves in the present and in the future without succumbing to nativist impulses requiring a homogeneous past and establishing a transcendental ontology as essential elements of Africanness.  The book seeks to develop a plausible account of African identifications, but ultimately leaves the question Who/what is African? open to debate.”  (p.17)  Accordingly, the book ends with an epilogue, rather than a conclusion.

The book has three major parts:

1: BACKGROUND TO THE HERMENEUTICS OF HETEROGENOUS AFRICANNESS

2: AFRICANNESS, RACE AND CULTURE

3: HETEROGENEOUS SEXUALITIES
The third part of the book “comprises three chapters organised around interrogating representations of African sexualities and ultimately suggesting a philosophical way forward in the manner sexual citizenship is contested.” (p. 14)  The REPROHEALTHLAW Blog is pleased to circulate brief overviews of these chapters, as excerpted from the author’s introduction to the book:

Chapter 6.   Representing African Sexualities: Contesting Nativism from Without     PDF online 
This chapter “speaks to nativism from without. It highlights that narratives which represent African sexualities should always be understood as being culturally and historically situated. They are representations constructed within the knowledge and power system(s) of a given polity at a particular historical time and location, together with a social and political dynamics for social stratification, domination and status subordination. The chapter uses the representation of African sexualities in colonial discourses to make this point. I do not argue that colonial discourses tell us everything we need to know about African sexualities or that, historically, they are the single most important archive on the representation of African sexualities.
“Rather, the value of colonial discourses lies in their stubbornly persistent power, which continues to summon ‘Africans’ into place. In many ways, the construction of stereotypical representations of African sexualities is anchored in the nativisation of African cultures by colonial discourses. The argument in this chapter draws in part on Edward Said’s ‘orientalism’ and Mahmood Mamdani’s ‘nativism’. The works of Said and Mamdani serve as important resources in implicating ‘surface regularities’ in colonial discourses and their effects in typologising Africans as ‘natives’.
“I argue in this chapter for the importance of understanding the representation of Africanness in colonial discourses as an effect of the construction of colonial whiteness.”  (pp. 14-15)

Chapter 7.  ‘Transgressive’ Sexualities:  Contesting Nativism from within and Overcoming Status Subordination.      PDF online
“[F]rom time to time, ‘African values’ are invoked by political and cultural authorities to continentalise sexuality and to prescribe a regimented and homogenised African sexuality that specifically excludes sexualities outside heterosexuality and, more specifically, delegitimises non-heteronormative and same-sex sexualities. I advance counter-arguments to the legitimacy of claims that heterosexuality is the only culturally acceptable sexuality for Africans. The chapter develops a framework for recognising diversities of sexuality in ways that are informed by a transformative understanding of sexuality and, ultimately, of an inclusive equality. The framework seeks to deconstruct scripted knowledge about sexuality in order to build an understanding that reveals the complexity, diversity and ultimately political nature of sexuality. I argue that recognising difference in the realm of sexuality requires a radical epistemology that is capable of moving beyond the raw physicality of the body, the genitalia, biological impulse and a capacity for language in order to take cognisance of how sexuality is socially constructed in historical time and place. Necessarily, representations of African sexualities ought to acknowledge that norms and frameworks which give coherence to heterosexuality and its congruent gender binaries are but one cultural variant that exists in juxtaposition with pluralistic articulations of sexualities.” (pp. 15-16)

Chapter 8. Mediating Conflicting Sexuality Identifications through Politics and an Ethics of Pluralism.   PDF online.
This chapter “concludes Part 3 with a discussion of how we might mediate conflicting sexuality identifications through first promoting an understanding of the politics and ethics of pluralism. The discussion is predicated on an assumption, regardless of contradictory praxis, that African states in their independence as well as post-independence constitutions formally commit themselves to political pluralism. Against this backdrop the overarching premise is that in political communities committed to liberal democracy, differences are an ordinary part of our political lives.  Even if we agree as to how we should be governed and share political space, it is not necessary or warranted that we should also reach agreement on all moral issues, including conceptions of our sexual and reproductive selves.
“Chapter 8 builds its arguments partly by appropriating to the concept of ‘equality’ two political notions: the notion of an ‘overlapping consensus’ as advocated by John Rawls, and the notion of ‘dissensus’ as advocated by Nicholas Rescher.  In part the chapter builds its arguments by linking equality with participatory democracy using mainly Iris Young’s argument for recognising difference in a heterogeneous public in which there is mutual recognition between different sexuality identifications, and Hannah Arendt’s concept of citizenship in a plural political community.
“The main thesis in Chapter 8 is that overcoming an impasse which arises where there is strong communitarian opposition to a given sexuality does not lie in dismissing such opposition as without a rational political foundation. Rather, it lies in accepting the legitimacy of the opposition through a democratic polity that  is committed to non-hierarchical inclusiveness and relations of cooperation in matters of moral and religious controversy.”   (pp. 16-17)

Detailed overview of the entire book, with comments by legal specialists,  a complete Table of Contents and links to PDF chapters are available here from the Pretoria University Law Press.

Recent publications by Prof. Charles Ngwena:
“Reproductive Autonomy of Women and Girls under the Disabilities Convention.”  International Journal of Gynecology and Obstetrics. 140.1 (Jan. 2018): 128-133.  Article abstract.

“Taking Women’s Rights Seriously: Using Human Rights to Require State Implementation of Domestic Abortion Laws in African Countries with Reference to Uganda,” Journal of African Law 60.1 (Feb 2016): 110-140.   Article abstract

“Human Rights Advances in Women’s Reproductive Health in Africa” by Charles G. Ngwena, Eunice Brookman-Amissah,  and Patty Skuster,  International Journal of Gynecology and Obstetrics 129.2 (May 2015): 184-187.    Article download from SSRN.  Article online.

“Reforming African Abortion Laws and Practice: The Place of Transparency,” (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) Article abstract.

“Conscientious Objection to Abortion and Accommodating Women’s Reproductive Health Rights: Reflections on a Decision of the Constitutional Court of Colombia from an African Regional Human Rights Perspective.” Journal of African Law, 58 (2014): 183-209. Article abstract.

“A Commentary on LC v Peru: The CEDAW Committee’s First Decision on Abortion.” Journal of African Law, 57.2 (Oct 2013): 310-324;   available online here.”  Abstract online.

______________
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 – May 2018

May 31, 2018

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:

[Africa – Kenya]  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).  [obstetric violence – abuse of pregnant women in healthcare system] 
Decision of March 22, 2018.

[Africa – Malawi, vagrancy] Mayeso Gwanda v. the State, Constitutional Case No 5. 2015  (High Court of Malawi. [successful human rights challenge involving an itinerant male vendor] Decision of January 10, 2017
— This decision cites the unreported case of Stella Mwanza and 12 Others v. Republic, Confirmation Criminal Case No. 1049 of 2007 (Malawi) [re 13 women arrested on streets after dark] discussed Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts  (Pretoria, Pretoria University Law Press (PULP), 2017), p. 127  PDF of book, 228 pages. Online edition

[Mexico] Suprema Corte de Justicia de la Nación, Segunda Sala [Supreme Court] 2018,  Amparo en Revisión 601/2017 (Ciudad de Mexico) April 4, 2018.  [Case of “Marimar”- raped minor should not have been denied abortion by hospital]   Decision in Spanish.   News report in English.

[Mexico] Suprema Corte de Justicia de la Nación, Segunda Sala [Supreme Court] 2018,  Amparo en Revisión 1170/2017 (Ciudad de Mexico) April 18, 2018.  [Case of Fernanda – public institutions must allow abortions to raped minor]  Decision in Spanish.     Same news report in English.

CALL FOR PAPERS
 “The Impact of Politics on Sexual and Reproductive Health and Rights,” for publication in Reproductive Health Matters, May 2019.  Submissions due October 31, 2018.
RHM Call for papers

CONFERENCE

V Latin American Congress on Reproductive Rights, Santa Marta, Colombia, November 1-3, 2018.    Congress website in Spanish.  Latin American Judges and Magistrates of the highest courts will gather to foster the inclusion of a gender perspective in judicial decisions regarding reproductive rights:  Synopsis in English.

Audio-visual resources from previous IV Latin American Conference, held in Lima Peru Nov 2-4, 2015, now published online, include many talks in Spanish, and some in English:
◊   Rebecca Cook, “Gender Stereotypes: Transnational Legal Perspectives,” (Nov. 3, 2015)   Video.     Slides
◊  Marge Berer, “Violence and Reproductive Rights.” (Nov. 3, 2015)  Video
◊   Joanna Erdman, “Violence against Women and Reproductive Rights: Revealing Connections.”  Nov. 2, 2015    Video.     Slides

SCHOLARSHIP:

Abortion Law Decisions online, a Table of Cases with links, recently updated.  English.   Spanish.

[abortion] “The Philippines: New post-abortion care policy” by Melissa Upreti and Jihan Jacob,  International Journal of Gynecology and Obstetrics 141.2 (May 2018): 268-275.  Abstract.     PDF online for 12 months.   Submitted text at SSRN.

“Abortion in Poland: politics, progression and regression,” by Julia Hussein, Jane Cottingham, Wanda Nowicka & Eszter Kismodi,  Reproductive Health Matters 26:52 (May 2018): 14-17.   Editorial online.

[conscience, Human Rights Committee, Ireland]:
“Sir Nigel Rodley’s Insights on the Feminist Transformation of the Right of Conscience,”  by Rebecca Cook,  Human Rights Quarterly 40.2 (May 2018): 255-259.   Abstract and Article.

[conscience, U.S.A.] “Divisions, New and Old — Conscience and Religious Freedom at HHS by Lisa H. Harris, New England Journal of Medicine 478.15 (April 12 2018): 1369-1371.   Article online.

[Ireland] “Conscientious Objection, Harm Reduction and Abortion Care,” by Ruth Fletcher, in: Mary Donnelly and Claire Murray eds.  Ethical and legal debates in Irish healthcare: Confronting complexities Manchester: Manchester University Press, 2016, ISBN: 978-0-7190-9946-5, Book details.     Abstract and Chapter online.

[Ireland] “Reproductive justice in Ireland: a feminist analysis of the Neary and Halappanavar cases” by Joan McCarthy, in: Mary Donnelly and Claire Murray eds.  Ethical and legal debates in Irish healthcare: Confronting complexities Manchester: Manchester University Press, 2016, ISBN: 978-0-7190-9946-5, Book details.   Abstract of Chapter.

[Ireland – medical abortion] “Empowerment and Privacy? Home Use of Abortion Pills in the Republic of Ireland,” by Sally Sheldon, Journal of Women in Culture and Society 43.4(Summer 2018): 823-849.   Abstract and Article.

[Malawi] “Adolescent sex and ‘defilement’ in Malawi law and society,” by Godfrey D. Kangaude 17 (2017) African Human Rights Law Journal 527-549.    Article online.   Abstract with other African resources.

[medical abortion]  “Medical abortion pills have the potential to change everything about abortion,” introduction by  Marge Berer and Lesley Hoggart to special issue of Contraception 97.2 (Feb 2018″ 79–81.  Sections on medical abortion potential, women’s experiences, pharmacy provision, role of health system and providers, and research agenda.   Table of Contents, Medical Abortion special issue.

[Uruguay, human rights]  “Legal barriers to access abortion services through a human rights lens: the Uruguayan experience,” by Lucía Berro Pizzarossa, Reproductive Health Matters 26.52 (2018): 1-8    Abstract and article.

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


NEWS:

German doctor will appeal 6000-euro fine for “advertising” abortions among other medical specialties on her website.  Comment by Stephanie Schlitt, “Criminal prohibition of abortion ‘advertising’ restricts information provision,” Brief comment.  Detailed comment.

Ireland:  May 25th 2018 Referendum voted to repeal article 40.3.3 “the eighth amendment” which had enshrined a ban on abortion.” Law reform expected.  Christina Zampas editorial in Irish Examiner: “Yes Vote would give hope to millions. . . “.     Irish Times newspaper analyzes results.

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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.


Adolescent sex and “defilement” in Malawi law and society

May 31, 2018

Congratulations to Godfrey Dalitso Kangaude,  an LL.D. (doctoral) Candidate in the University of Pretoria’s Department of Private Law, who recently published his article on this challenging topic.  We are pleased to circulating this abstract.

GD Kangaude “Adolescent sex and ‘defilement’ in Malawi law and society” (2017) 17 African Human Rights Law Journal 527-549.  DOI link.    Article online

Abstract:  During colonisation, Malawi received a Western penal code, which included the “defilement” provision, restricting males from sexually accessing girls below a specified age. Countries that maintain colonial age of consent provisions, including Malawi, have uncritically assumed that these laws serve the purpose of protecting girls and children from harm. This article examines the fundamental assumptions underlying the development of sections 138 and 160B of the Malawian Penal Code, and their historical and sociocultural origins.  This article suggests that these provisions serve the interests of adults and not those of children. They are inherently heterosexist, promote gender-stereotypical meanings of sexuality and potentially stigmatise the normative development of sexuality in children. Sections 138 and 160B need to be reviewed and aligned with Malawi’s commitments to promote gender equality and sexual health and the rights of children.

Key words: childhood sexuality; child rights; Gender Equality Act, age of consent, Malawi Penal Code.

See also:
–A controversial decision from Kenya
Martin C.   v. Republic, Criminal Appeal No. 32 of 2015, April 26, 2016 (High Court of Kenya, at Malindi).  [Court held that the sexual relationship between adult man of 23 and girl of 14 is not “defilement” because she sought it.  Prisoner released.]  Decision online.

Godfrey Kangaude, “Adolescent Consensual Conduct,” and African case summaries in chapter 2 (“Children and Adolescents”) of:
Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts
, ed. Godfrey D. Kangaude (Pretoria: PULP, 2017) 228 pages.
Flyer with Table of Contents.     Entire book online


Posted 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.