REPROHEALTHLAW Updates — March 2017

March 29, 2017

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DEVELOPMENTS:
Caso I.V. v. Bolivia,   Sentencia de 30  Noviembre de 2016 (Excepciones Preliminares, Fondo, Reparaciones y Costas) Corte InterAmericana de Derechos Humanos [Inter-American Court of Human Rights]Decision 2016 in SpanishCase summary by Christina Zampas.  Amicus Curiae brief by Ciara O’Connell, Diana Guarnizo-Peralta and Cesar Rodriguez-Garavito in English.   Report on the Merits (2014) in English

Kenya Legal and Ethical Network on HIV & AIDS (KELIN) & 3 others v Cabinet Secretary Ministry of Health & 4 others [2016] Petition 250 of 2015 (High Court of Kenya Constitutional and Human Rights Division).  [Official collection of Kenyans’ HIV data halted, as “unconstitutional”]  Decision onlineComment from Jurist Blog.

[Kenya] Martin C.   v. Republic, Criminal Appeal No. 32 of 2015, April 26, 2016 (High Court of Kenya, at Malindi).  [sexual relationship between adult man of 23 and girl of 14 is not “defilement” because she sought it.  Prisoner released.]  Decision online.  {Summary by Godfrey Kangaude forthcoming on this blog.}

[South Africa] Dwenga and Others v Surgeon-General of the South African Military Health Services and Others [2014] ZAGPPHC 727, Case No. 40844/2013, the High Court at North Gauteng. [against discrimination toward HIV+ employees in the military.]  Summary for Legal Grounds III.    Decision online.

[South Africa] Gary Shane Allpass v Mooikloof Estates (Pty) Ltd. [2011], Case No. JS178/09, a Labour Court of South Africa.  [wrongful dismissal of HIV-positive employee].  Summary for Legal Grounds III.   Decision online.

CALLS:

Calls for Papers, Special Issue on “Gender and the Rise of the Global Right,” in Signs: Journal of Women in Culture and Society. Submit by September 15, 2017,  Detailed call for papers.

Callls for Applications, “Health Rights Litigation Intensive” June 26-30, 2017, one-week summer course at the O’Neill Institute for National and Global Health Law, at Georgetown University Law Center, Washington DC, USA.  Apply by April 10, 2017.  HR Litigation course info.

Gender Justice Uncovered awards 2017, is collecting the best and worst court decisions from 2016.  Nominate your best or worst case here in English.  Nomina tu caso ya  en Espanol.

RESOURCES

Abortion Law in Transnational Perspective: Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens, Pennsylvania Studies in Human Rights Series, University of Pennsylvania Press, 2014. 
New 20% discount code: PH70.  Now in paperback (March 2017), 
Table of Contents.    Introduction online at SSRN.  Table of Cases online (Spanish and English, with links to court decisions.   ¡Ahora en español! El aborto en el derecho transnacional (CIDE/FCE, 2016)  folleto con sumario 

Brazilian Supreme Court abortion ruling – I-CONnect blog symposium of scholarly comments from five perspectives:  Rebecca J. Cook and Bernard M. Dickens, Chao-ju Chen; Grégor Puppinck; Debora Diniz and Christine Ricardo; and Rachel Rebouché. 5 perspectives on Brazilian abortion ruling.

Brazilian dossier on “Gênero, Raça e Pobreza: a abordagem de múltiplas identidades pelo Direito” [Gender, Race and Poverty: The Multiple Identities Approach to Law] Revista FGV Direito 22(2015), ed. Marta Machado, online here.  includes articles in Portuguese or English with abstracts in both languages, about: domestic violence laws, CEDAW, maternity in prison, and research in prisons (by D. Diniz), and abortion, i.e.:
—[South Africa, abortion] “Claiming and Defending Abortion Rights in South Africa” / Reivindicando e defendendo o direito ao aborto na África do Sul” by Cathi Albertyn, Revista FGV Direito 22 (2015): 429-454   English article with Portuguese abstract.

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

JOBS

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.


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.


Forced sterilization case against Bolivia: expert testimony by Christina Zampas

June 15, 2016

 

I.V. v Bolivia is the first case the Inter-American Court of Human Rights has heard on informed consent to medical treatment and the first case alleging forced sterilization. It is only the second reproductive rights case considered by this Court.

This case concerned the involuntary sterilization in 2000 of an immigrant woman from Peru in a public hospital in Bolivia during a caesarean section.  The doctors decided that a future pregnancy would be dangerous for I.V. and performed a tubal ligation, claiming that this was necessary in order to prevent a future pregnancy. They also noted that they had obtained I.V.’s consent while on the operating table. When I.V. learned that she had been sterilized she felt devastated, and has been seeking justice ever since.

In 2015, the Inter-American Commission on Human Rights referred this case to the Inter-American Court for a decision, after having concluded that Bolivia was responsible for the violation of Articles 5.1, 8.1, 11.2, 13, 17, and 25 of the American Convention on Human Rights, and Article 7 of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará). The Commission’s report is online here.

Christina Zampas, a Reproductive and Sexual Health Law Fellow at the University of Toronto’s International Reproductive and Sexual Health Law Program, presented oral expert testimony before the Court during its hearing on 2 May 2016 in San Jose, Costa Rica. Christina Zampas has studied forced sterilization issues since 2002, when at the Center for Reproductive Rights, she worked with the Center for Civil and Human Rights (Poradňa), Slovakia, to document the forced sterilization of Roma women in Slovakia, and co-authored Body and Soul: forced sterilization and other assaults on Roma reproductive freedom in Slovakia, online here.   Since then, she has engaged in advocacy and litigation before UN and regional human rights and intergovernmental bodies, calling for accountability on the issue. She has also co-chaired Open Society Foundation’s Working Group on Sterilization and has been instrumental in the development of health and medical association standards on the topic, including the World Health Organization (WHO) UN Inter Agency statement on forced and coerced sterilization (2014) online here, and the International Federation of Gynecology and Obstetrics’  guidelines on female sterilization (2011), pages 122-126.

In her recent testimony before the Inter-American Court of Human Rights, Zampas focused on international and regional human rights standards in relation to informed consent to medical care generally, and to sterilization specifically.  In her presentation, she explained United Nations and European Court of Human Rights standards and case law on the subject, including on the numerous cases against Slovakia concerning forced sterilization of Roma women, as well as international health and ethical standards.  She emphasized that international and regional health and human rights standards are clear: sterilization for prevention of future pregnancy cannot be justified on grounds of medical emergency, which would permit departure from the general principle of informed consent.  Even if a future pregnancy might endanger a person’s life or health, alternative contraceptive methods can be used to ensure that the individual does not become pregnant immediately. The individual must be given the time and information needed to make an informed choice about sterilization. The provision of information, counseling and sterilization under the stressful conditions of childbirth are not only a violation of the right to information but also violate the right to privacy, physical integrity and human dignity and are a gross disregard for an individual’s autonomy, rising to the level of inhuman and degrading treatment.

Zampas’s testimony also urged the Court to address the gender stereotypes and the intersectionality of gender with other characteristics, such as race and ethnicity, disability, HIV and migrant status, often underlying the practice. These stereotypes deem women incapable of making rational decisions about their reproductive capacity, stripping them of decision-making regarding their own bodies and lives. They assume that men and people in positions of authority—such as doctors who perform medical procedures, male family members, or society at large—are better positioned to make decisions for women. Human rights bodies have recognized the power imbalances in doctor-patient relationships and how this can lead to serious abuses, including in the use of the medical necessity doctrine. She noted that such notions, prevalent in society, can lead to violations of the right to be free from discrimination.

Zampas’s testimony set forth potential individual and structural (general) remedies, including compensation and an apology, law and policy reform that is in line with human rights standards, training and education of all health care staff, adoption of ethical guidelines to address informed consent and gender stereotyping, and monitoring of public and private health centers to ensure accountability, and guarantee an effective remedy when violations do occur.

Amicus briefs in this case were filed by Women’s Link Worldwide and the Allard K. Lowenstein International Human Rights Clinic, Yale Law School, Ciara O’Connell and Diana Guarinzo-Peralata at University of Sussex, and the Human Rights and Gender Justice Clinic at CUNY Law School and Women Enabled International. Expert written testimony was provided by Luisa Cabal, in her capacity as a lawyer and expert on sexual and reproductive health and rights, and Ana G. Cepin, MD, Fellow of the American College of Obstetricians and Gynecologists.

The decision is expected within the next year.

Relevant publications:

Christina Zampas is co-author with Adriana Lamačková, a former LLM student in the program, of “Forced and Coerced Sterilization of Women in Europe,” International Journal of Gynecology and Obstetrics (2011), Forced and Coerced Sterilization.

Sterilization: list of program resources, including articles, theses, and further reading .   Sterilization resources.

Ethical and Legal Issues in Reproductive and Sexual Health, written or edited by Rebecca Cook and Bernard Dickens, published in the International Journal of Gynecology and Obstetrics – Ethical/Legal articles  online.


Developments, Calls, Resources, News & Jobs

February 25, 2014

REPROHEALTHLAW BLOG – February, 2014

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:

[Argentina – abortion case] A Supreme Court in Argentina reversed a lower court ruling that had prevented a 14-year-old rape victim from seeking an abortion. News report.

[Bolivia – abortion law] Plurinacional Constitutional Court (TCP) of Bolivia eliminates requirement of judicial authorization for women seeking legal abortion in cases of rape or danger to life or health. Court used human rights arguments based on international human rights law.   Comment from Ipas.   Feb. 5, 2014 decision online (22MB) 62-page decision in Spanish.

[Europe – repro health] PACE adopts progressive Resolution on MDGs ,  January 30, 2014.   The Council of Europe Parliamentary Assembly unanimously adopted Resolution 1975 (2014) “Stepping up action against global inequalities: Europe’s contribution to the Millennium Development Goals (MDG) process”. includes “the guarantee of sexual and reproductive health and rights for women and girls”.  Resolution online.     Debate and speeches.

[Europe  – Moldova] Eremia v. Moldova – The European Court of Human Rights ruled that the State of Moldova‘s failure to protect a woman in a domestic violence case violated the victim’s rights to be protected from torture and inhuman treatment.  Decision onlineCourt press release.

CALLS FOR SUBMISSIONS:

“Using Law and the Courts” Reproductive Health Matters 22.44 (Nov. 2014). Submissions due  May 2014.  Call for Papers online.

Gender Justice Uncovered Awards – Call for Nominations , Deadline April 30, 2014.  Winners will be announced in June 2014.   Anyone from anywhere in the world may nominate a good, bad, or ugly decision on the Awards’ web site. Submit your nomination by April 30, 2014.  More information.

EDUCATIONAL OPPORTUNITIES

Abortion Abroad Webinar Series, sponsored by Law Students for Reproductive Justice, Center for Reproductive Rights, and Ipas.  Webinar Series Overview.

—- The Helms Amendment, how it affects women on the ground, and legal issues. Featuring Jamila Taylor, Senior Policy Advisor, Ipas and Aram Schvey, Policy Counsel for Foreign Policy and Human Rights at the Center for Reproductive Rights.  March 4, 2014 Register Helms webinar:

—- “Stigma in the international context” Featuring Kristen Shellenberg, Senior Research and Evaluation Associate at Ipas and Payal Shah, Legal Advisor at the Center for Reproductive Rights March 25, 2014. Register Stigma webinar.

RESOURCES

[abortion – Argentina]  Report from La Asociación por los Derechos Civiles (ADC) on the state of enforcement of the Supreme Court’s “F,A.L.” judgement of March 13, 2012 legalizing abortion after rape.  Two years later, eight jurisdictions comply, eight include regulations that may hinder access, and eight do not comply. that “nearly two years after the ruling “F., A.L.”  many jurisdictions still have not created protocols, and many others were given faulty protocols, which generates a situation of intolerable inequality in which access to this right depends on the place of residence.  Detailed summary in Spanish.   Report in Spanish includes comparison chart (53 page Report)

[abortion – Australia] “Manufacturing Mental Illness (and Lawful Abortion): Doctors’ Attitudes to Abortion Law and Practice in New South Wales and Queensland” by Heather Douglas, Kirsten Black, Caroline deCosta,  (2013) 20.3 Journal of Law and Medicine 560-576.  Article online.

[abortion – Ireland] Revised guidelines for doctors in response to new “Protection of Life During Pregnancy Act”.  Revised paragraph #21 on Abortion (page 21) can be read in conjunction with #11 and # 39 on Emergencies and Emergency Situations, #34 on Capacity to Consent and #10 on Conscientious Objection.  Revised Irish medical guidelines.

[abortion – Ireland]  “Peripheral Governance: Administering Transnational Health Care Flows, by Ruth Fletcher, provides “a critical reading of the strategies that the Irish Crisis Pregnancy Agency has adopted in response to women’s practices of travelling for abortion care.”  (2013) 9 International Journal of Law in Context 161-190.  Full text of article now online.

Abortion Law in Transnational Perspective:  Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens, 16 chapters.  Forthcoming, University of Pennsylvania Press, 2014.  To receive details when it is published, email reprohealth. law\at/ utoronto. ca with subject “abortion book flyer”.

[abortion stigma] new “Sea Change Program” is leading a new approach to culture change around abortion and other reproductive experiences, conducting social science research, developing tools to measure stigma, try new strategies for transforming stigma, partner with advocates and organizations, raise awareness about stigma and increase visibility, connection and support around abortion.   Stigma website.

[Nigeria] Women and Reproductive Health Rights in Nigeria, by Oluwakemi Amudat Ayanleye, OIDA International Journal of Sustainable Development  6.5(2013), 127-140. Article online.

NEWS

[abortion – Israel]  Abortion added to healthcare basket in Israel.  The 2014 basket includes abortion for women aged 20-33 without a medical reason for terminating pregnancy.  News report.

[abortion – Spain] Spain’s tough new abortion law advances after secret vote, Proposed law outlawing abortions except in rape cases or where the mother’s health is in danger has been widely criticized.   Guardian: “serious step backwards.”

[contraception]  new World Health Organization guidance on Ensuring human rights in the provision of contraceptive information and services. These guidelines provide recommendations for programmes as to how they can ensure that human rights are respected, protected and fulfilled, while services are scaled up to reduce unmet need for contraception. WHO Contraception Guidance.

[contraception] Scientist Malcolm Potts emphasizes birth control pills’ therapeutic properties. He notes that the Catholic church nearly approved them for contraception on theological grounds.  Op-ed online.

Homosexuality is now legal throughout Europe.  Northern Cyprus becomes last European territory to decriminalize gay sex.  News report.

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

JOBS

Program Officer, Global Development and Population Program, The William and Flora Hewlett Foundation, Menlo Park Calif.  USA.  Hewlett job details.

Program Officer, Safe Abortion Advocacy, Latin America and Caribbean Countries, International Planned Parenthood Federation, IPPF 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.


Decisions, Calls, Resources, News & Jobs

November 22, 2013

REPROHEALTHLAW-L
November 22, 2013

DECISIONS

Australia – Tasmania: New abortion law allows terminations up to 16 weeks with the woman’s consent, and after that if two doctors agree on medical or psychological grounds.  News article

Brazil:  New law guarantees treatment, including emergency contraception, for rape victims in public hospitals.   English news.  Spanish news.

CEDAW General recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations, Paragraph 52 mentions “access to sexual and reproductive health and rights information; . . . family
planning services, including emergency contraception;. . .  safe abortion services; post-abortion care . . .” Advance Unedited version, October 13, 2013  CEDAW Gen. Rec. 30.

European Court of Human Rights:   Costa and Pavan v. Italy, No. 54270/10, 28th August 2012 (re assisted reproduction), found violation of Article 8.   Ban preventing healthy carriers of cystic fibrosis from screening embryos for in vitro fertilisation, despite existence of right to therapeutic abortion in domestic law.  Court decided violation of Article 8, Right to respect for private and family life.   Decision online.  Brief Comment by Adriana DiStefano  in Strasbourg Observer. Academic article by Gregor Puppinck online at SSRN.

Ireland: Protection of Life During Pregnancy Act 2013 allows abortion only when woman’s life is at risk, including from suicide. signed into law July 30, 2013.   Newspaper article.    CRR Legal Analysis.  Articles in special issue of Irish Journal of Legal StudiesO’Sullivan et al.   Schweppe et al.

Ireland:  Verdict of “medical misadventure” in 2010 maternal death in Irish hospital.  Bimbo Onanuga (32) died after being induced to deliver a stillborn baby.  News article.     Details of case from Association for Improvements in the Maternity Services (AIMS), Ireland.

CALLS

Call for Applications, PhD Fellowship in Gender Equality Measurement, Carleton University, Ottawa, Canada – Apply by Jan 15, 2014.  Fellowship details.  Facebook page.

Call for Abstracts and Conference Registration. “Eliminating Women and Girls’ Sexual and Reproductive Health Vulnerabilities in Africa”, 6th Africa Conference on Sexual Health and Rights,  Yaounde, Cameroon,  February 3-7, 2014,
Conference announcement. 
Call for Abstracts, due Dec 13, 2013  
Registration.  Early bird deadline: 15 December 2013.

Call for Submissions on  Child Early and Forced Marriage  to the United Nations Office of the High Commissioner on Human Rights (OHCHR) due Dec 15, 2013, for a UN Report.  Details online.

RESOURCES:

[abortion – Australia] “The Legal and Factual Status of Abortion in Australia,” by Ronli Sifris (2013) 38:2 Alternative Law Journal 108.  Article online.

[abortion] “Dignity and the Duty to Protect Unborn Life,” by Reva B. Siegel  in Understanding Human Dignity ed. Christopher McCrudden, 2014) Forthcoming; Yale Law School, Public Law Working Paper No. 294. Article online.

[abortion- Brazil] “Brazilians have different views on when abortion should be legal, but most do not agree with imprisoning women for abortion.” by Anibal Faundes, Graciana Alves Duarte, Maria Helena de Sousa, Rodrigo Pauperio Soares Camargo, and Rodolfo Carvalho Pacagnella, Reproductive Health Matters featured article online.

[abortion – European Union] Draft Report on Sexual and Reproductive Health and Rights. Committee on Women’s Rights and Gender Equality, Rapporteur: Edite Estrela, calls for universal access to sexual and reproductive health and rights throughout Europe, including  safe and legal abortion services.   After controversial debate, report was sent back to the Committee.  15-page report.

[abortion – funding – Canada] “Analysis of Canada’s refusal to fund abortion services abroad.”  Policy brief prepared by Action Canada for Population and Development (ACPD) 4 page analysis.

[abortion – Ireland)  “Article 40.3.3 and the Protection of Life During Pregnancy Bill 2013: The Impetus for, and Process of, Legislative Change,” by Catherine O’Sullivan, Jennifer Schweppe and Eimear A. Spain, (2013) Irish Journal of Legal Studies 1-17.  Introduction to special issue.

[abortion – Ireland] “When is a Foetus Not an Unborn? Fatal Foetal Abnormalities and Article 40.3.3” by Jennifer Schweppe and Eimear A. Spain, (2013) Irish Journal of Legal Studies 92-110. Article online.

[abortion – Ireland, Poland] Procedural Obligations Under the European Convention on Human Rights: An Instrument to Ensure a Broader Access to Abortion, by Gregor Puppinck, Zeszyty Prawnicze (Waszawa), SSN-1643-8183, 2013.  Abstract and article online.

[abortion – Muslim-majority countries] Liberal abortion rights in some Muslim-majority countries, by Gilla Shapiro. Literature review.

[abortion – Northern Ireland] draft “Guidance on the Limited Circumstances of Termination of Pregnancy” issued by Department of Health in Northern Ireland, Northern Ireland draft guidelines.   Rights-based critique  by Dr. Catherine O’Rourke, critique online.

[abortion – Poland] Women’s Reproductive Rights as a Political Price of Post-Communist Transformation in Poland”  by Joanna Diane Caytas, Amsterdam Law Forum 5.2 (Spring 2013): 64-89.  Article online

[abortion: South Africa] “Personhood: Proving the Significance of the Born-Alive Rule with Reference to Medical Knowledge of Foetal Viability”  by Camilla Pickles,  2013 24(1) Stellenbosch Law Review 146-164.  Abstract online.

Abortion stigma webinar summary, based on research by ANSIRH and Ipas.  Abortion stigma webinars.

[Abortion – Uganda] “The Stakes are High:  The Tragic Impact of Unsafe Abortion and Inadequate Access to Contraception in Uganda,” 2013 report from the Center for Reproductive Rights and Georgetown law school.  74-page report

[assisted reproduction] “The Case of Costa and Pavan v. Italy and the Convergence between Human Rights and Biotechnologies. Commentary on the ECHR Ruling in Costa and Pavan v. Italy, No. 54270/10, 28th August 2012,” Quaderni di Diritto Mercato Tecnologia – N°3, Anno III  (2013). Abstract and article online.

[CEDAW] The UN Convention on the Elimination of All Forms of Discrimination Against Women, A Commentary. ed. Marsha A. Freeman, Christine Chinkin, and Beate Rudolf, Oxford 2012   Now available in Paperback and eBook.  paperback details.

[conscience] “Freedom of Conscience in Health Care: Distinctions and Limits,” Sean Murphy and Stephen J. Genuis, Journal of Bioethical Inquiry 10.3 (Oct 2013) pp 347-354, online here.

[emergency contraception] “A review of global access to emergency contraception,” by Elizabeth Westley, Nathalie Kapp, Tia Palermo, Jennifer Bleck in International Journal of Gynecology and Obstetrics 123 (2013) 4–6.  Online by subscription.

Global Health and Human Rights Database (new)  a free and fully searchable online database of more than 1000 judgments, constitutions and international instruments on the intersection between health and human rights. GH&HR database online.

Health and Human Rights Syllabus Database (new) includes dozens of syllabi from universities around the world.  H&HR Syllabus Database.

[health and human rights] “Bringing Justice to Health: The Impact of Legal Empowerment Projects on Public Health” [profiles projects based in Indonesia, Kenya, Macedonia, Russia, South Africa & Uganda] 58-page report from Open Society.     Summary.

[maternal mortality – causes and factors]  “Why Did Mrs. X Die?: Retold”(2012)  updated remake of World Health Organization 1988 film by Dr. Mahmoud Fathalla, explores socio-economic factors that pave the road to maternal death.  In English and Arabic:
English 15 minute video.   Arabic 15 minute video.

[maternal mortality – CEDAW – Brazil – Alyne] “Evaluating States’ Failure to Eliminate Discrimination against Women using Substantive Equality” by Meghan Campbell, OP CEDAW blog article.

[Tanzania]  “Forced Out:  Mandatory Pregnancy Testing and the Expulsion of Pregnant Students in Tanzanian Schools,” Center for Reproductive Rights – 80-page report.

US-focused news, resources, and legal developments are available on Repro Rights Prof Blog.  View or subscribe:
http://lawprofessors.typepad.com/reproductive_rights/

NEWS

[abortion – Ireland] Three Irish women forced to travel for abortions to take cases to UN — Ireland’s ban on abortions for fatal foetal abnormalities amounts to ’cruel, inhuman and degrading treatment’  Article in Irish Times.  CRR Press Release re case of Amanda Mellet.   Article in Independent.

[Bolivia] UN Human Rights Committee recommendations call on Bolivia to cease prosecuting women for illegal abortions and to remove judicial barriers to legal abortion. Ipas Press Release.

[Chile] Controversial case [of “Belem” – pregnant 11-year-old abused by her stepfather] opens up discussion of abortion in Chile.  News article.
Spanish Petition to decriminalize abortion in Chile  Petition online.
Spanish video about decriminalizing abortion in Chile.  Online here.
Spanish Declaration by NGOs – NGO declaration

Dominican Republic: Women’s Link Worldwide and the Colectiva Mujer y Salud filed a case in the Dominican Republic on behalf of Rosa Hernández, whose daughter Esperancita  was denied therapeutic abortion, leukemia treatment and palliative care which might affect the fetus.
Details from Women’s Link Worldwide

China one-child law change small but crucial, say experts.  Only-child parents may have two children.  News article.

JOBS

Assistant/Associate Professor of African Studies/Women’s Studies,  Pennsylvania State University, Pennsylvania, U.S.    Apply by  November 30, 2013.  PSU job details.

Assistant Professor, Women, Gender And Sexuality Studies,  Oregon State University, Corvallis Oregon
Apply by  December 1, 2013  OSU job details.

Visiting Assistant Professor or Instructor, Gender, Sexuality and Feminist Studies, Middlebury College,  Middlebury, Vermont, USA, Apply by December 9, 2013  Middlebury job details.

Technical Support Consultant on women’s human rights – based on CEDAW recommendations.   UN Women Regional Office for Asia and the Pacific, Home-based, Closing date: November 30, 2013.  Expert roster

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.


Decisions, Conferences, Fellowships, Resources and Jobs

July 2, 2013

REPROHEALTHLAW-L
July 2, 2013

DECISIONS

Canada: R v Levkovic  2013 SCC 25  Supreme Court, 3 May 2013, upheld the criminal law prohibiting disposing of dead body of child with intent to conceal its delivery whether child died before, during or after birth.
The law does not breach Charter rights.   Full text online.

Gender Justice Uncovered Awards 2013:  highlight Best and Worst decisions re gender equality.  Women’s Link Worldwide.

Best Decisions in the past year:

Mensah v. Mensah (Supreme Court of Ghana)  – equal distribution of assets at divorce.  Details here.

P. & S.  v. Poland – European Court of Human Rights found human rights violations regarding delayed abortion for raped girl.  Details here.     Further details and links.

Mmusi vs. Ramantele – The High Court of Botswana abolished a traditional property law and ruled that women equal right of inheritance  Details here.

CONFERENCES:

Conference on Rights of Women in Africa, Centre for Human Rights, University of Pretoria, South Africa.  Topics include:  Women and HIV, Access to Safe abortion, Women’s Repro Rights & role of resources, and Women’s Sexual rights   Travel & accommodation funding for authors of accepted papers. Submit abstracts by July 31, 2013.   Details here.

“Derecho a la vida: un dialogo sobre justicia, igualdad de genero y derechos reproductivos en America Latina.” Third Latin American Legal Congress on Reproductive Rights, Cuernavaca, Morelos – Mexico,
October 14-16, 2013. Conference website.

FELLOWSHIPS:

CIHR Graduate Fellowships in Health Law, Ethics and Policy
– for international and Canadian applicants pursuing a full-time master’s or doctoral degree in 2014-2015 at one of our four affiliated Canadian law schools.  Applicants must be accepted into the graduate program at any of following law schools:
Faculté de droit de l’Université de Sherbrooke
Faculty of Law, University of Alberta
Faculty of Law, University of Toronto
Schulich School of Law, Dalhousie University
Apply by March 2014.  Fellowship information.

RESOURCES

“Abortion and Conscientious Objection: The New Battleground”  by Anne O’Rourke , Lachlan De Crespigny, and Amanda Pyman,  Working paper.

“Abortion Law Around the World: Progress and Pushback,” by Louise Finer and Johanna B. Fine, April 2013, Vol 103, No. 4 | American Journal of Public Health 103.4 (April 2013): 585-9. Article online for subscribersAbstract

[abortion] Human rights versus legal control over women’s reproductive self-determination, by Diya Uberoi and Maria de Bruyn, in Health and Human Rights 15.1 (June 2013): 161- 174.  Article online.

[abortion ] Life Before Birth: The Moral and Legal Status of Embryos and Fetuses, by Bonnie Steinbock [pro-choice],  Oxford University Press, 2011, 2nd edition, 327 pages.
–Reviewed by Anna Smajdor in 21.2 Medical Law Review, June 2013: 327-335.  Academic subscribers click here.

[abortion]  “Remaking the case for a woman’s right to choose” by
Ann Furedi, bpas Reproductive Review, 26 April 2013.  Article online. 

[abortion]  “Sex equality arguments for reproductive rights: their critical basis and evolving constitutional expression, by Reva B. Siegel, in Gender & Equality Law, ed.  Julie Goldscheid (Ashgate, 2013).  Book information.

[abortion] “The global reproductive health and rights agenda: opportunities and challenges for the future,” by Laura Reichenbach,  in Gender & Equality Law, ed.  Julie Goldscheid (Ashgate, 2013).
Book information.

[abortion – Bolivia, Brazil, Argentina] “When Abortion is a Crime:  The Threat to Vulnerable Women in Latin America,” by G. Kane, B. Galli and P. Skuster  (Chapel Hill, NC: Ipas, 2013) 20-page report.

[abortion] Chilean Study asserting that restrictive abortion laws do not impact abortion-related maternal mortality has fundamental flaws.  English report  is now available in Spanish:   Spanish report.

[abortion – India]   Unsafe abortion: why restricting abortive drugs only makes a bad situation worse, BMJ (31 May 2013) Article online.

[abortion – Ireland] “Impossible Floodgates and Unworkable Analogies in the Irish Abortion Debate” by Fiona De Londras and Laura Graham,  Irish Journal of Legal Studies, Forthcoming. Article online.

[abortion – Ireland  and Catholic health policy] Termination of pregnancy as emergency obstetric care: the interpretation of Catholic health policy and the consequences for pregnant women: An analysis of the death of Savita Halappanavar in Ireland and similar cases, by Marge Berer, Reproductive Health Matters 21(41), May 2013,  9-17.  Abstract online.

[abortion – Mexico City] “Evolving capacity and decision-making in practice: adolescents’ access to legal abortion services in Mexico City,” by Jessie Clyde, Jennifer Bain, Kelly Castagnaro, Marcela Rueda, Carrie Tatum, Katherine Watson, Reproductive Health Matters 21(41), May 2013,  167-175.  Abstract online.

[abortion – Nigeria] “The Nigerian Woman and Reproductive Autonomy: A View of Autonomy as Empowerment” by Aniaka Angel-Jacinta Oluchi.   [includes discussion of abortion law reform proposals and attempts]  Working paper.

[abortion – sex selection] “Bans on Sex-Selective Abortions: How Far is Too Far?”  by Annie Moskovian, Hastings Constitutional Law Quarterly, Vol. 40, No. 2, 2013. Article online.

[abortion – Rwanda] “Advocating for safe abortion in Rwanda: how young people and the personal stories of young women in prison brought about change,”  by Chantal Umuhoza, Barbara Oosters, Miranda van Reeuwijk and Ine Vanwesenbeeck. Reproductive Health Matters 21(41), May 2013,  49-56.  Abstract online.

“Effective Access to Justice Against State and Non State Actors in the Framework Convention on Global Health,” by Martin Hevia, with  Carlos Herrera Vacaflor, Health & Human Rights 13 (June 2013).  Article online.

Gender and Equality Law, ed.  Julie Goldscheid (Ashgate, 2013).   Introduction online at SSRN.     Table of contents online.

Gender and Sexuality in Latin America – Cases and Decisions, ed. Cristina Motta & Macarena Saez,  (Springer, 2013) 323 pages.
English book details.    Download original Spanish edition.

Gender Justice Observatory from Women’s Link Worldwide- useful database to explore cases and strategies.  Gender Justice Observatory.

[HIV/AIDS] “CrowdOutAIDS: crowdsourcing youth perspectives for action.” by Mikaela Hildebrand, Claudia Ahumada, Sharon Watson,  Reproductive Health Matters 21.41 (May 2013):  57-68).  Abstract.

“Human Rights and Maternal Health: Exploring the Effectiveness of the Alyne Decision” by Rebecca J. Cook,  American Journal of Law, Medicine & Ethics, 41.1 (Spring 2013): 103-123.  Abstract online.   Original English PDF is now online (click Save icon here, then “Save PDF”). 
New Portuguese translation is online here. 

Reproductive Rights Around the World:   The complete global map of laws governing abortion and birth control.  by Chris Kirk, Charanya Krishnaswami, Katie Mesner-Hage, and Skye Nickalls, in Slate (May 2013):  Map online.

Sexual Orientation and Gender Identity (SOGI) database – presents examples of LGBT-friendly laws around the world.  Joint initiative by International Commission of Jurists and law students from the the International Human Rights Program at the University of Toronto’s Faculty of Law.   Access the database here.

Theses of graduates of our International Reproductive and Sexual Health Law Program at the Faculty of Law, University of Toronto – Abstracts online.

“Young People, Sex and Relationships” theme of Reproductive Health Matters 21(41), May 2013, includes papers from Australia, Bangladesh, Brazil, Colombia, Ecuador, Guatemala, India, Nicaragua, Rwanda,
South Africa, Tanzania, UK, USA, and Zambia.  Details online.

NEWS

Australia:  Abortion pill RU486 and three cancer drugs added to the Pharmaceutical Benefits Scheme.  News report

Bolivia:  “After jailing women, Bolivia weighs legalizing abortion”
by Gillian Kane, The Atlantic,  June 24 2013  Article online.

El Salvador:  Woman Denied Abortion Has Caesarean Section instead.  Anencephalic baby dies within hours.  News report.
UN experts urged El Salvador to reconsider abortion legislation, citing Constititutional court ruling against ill woman.  UN press release.
Where illegal abortion leads: A case in El Salvador shows the danger of restricting abortion. Editorial by Nancy Northup 

Ireland:  Irish abortion law confusion a key factor in death of Savita Halappanavar, official report finds  News report.

Macedonia: Parliament restricts abortion beyond 10 weeks of pregnancy.  News report.

UN Security Council Resolution 2106 addressing sexual violence in armed conflict, explicitly calls for humanitarian care to provide “non-discriminatory and comprehensive health services, including sexual and reproductive health.” Press release from the Global Justice Center.
Stop Rape press release.

Uruguay abortion law will not go to referendum. News report.
More details

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

JOBS

Advocacy Program Officer, Latin American office of Planned Parenthood Global, in Miami, Florida. prefers law degree, and/or policy-related backgrounds.   Job details.

Director of Pro Bono Services, Center for Reproductive Rights, New York, USA, Apply by July 19, 2013.  Job details.

Global Health: Science and Practice (GHSP) “Job Opportunities” website – free for recruiters and job seekers.  Online here.

Internship,  Legal Counsel At The Organización Nacional Indígena De Colombia, 6 month  internship, Lawyers Without Borders Canada. Bogota, Colombia.   Internship details.

Policy Associate, policy and advocacy for women’s sexual and reproductive health and rights. based at Ipas headquarters, Chapel Hill, N.C., USA.  Law degree preferred.  Apply immediately.  Job details.

Programme Manager, Sexual And Reproductive Health And Rights, Plan UK, in London, UK.  Apply by July 4, 2013.  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.

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