AFRICA: Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts – 54 case summaries

February 14, 2017

2017_legal_grounds

by: Godfrey Kangaude, Onyema Afulukwe, Guy-Fleury Ntwari, et al.
Foreword by Prof. Charles G. Ngwena
PULP (Pretoria University Law Press) 2017
Download entire 228 page book online.
Online edition with links to decisions
Printable flyer with Table of Contents
Previous volumes
.

Reproductive and sexual rights, which are guaranteed in constitutions and in international and regional human rights treaties, have no impact if they are not recognized and enforced by national-level courts. Legal Grounds: Sexual and Reproductive Rights in Sub-Saharan African Courts Volume III continues to provide much-needed information about whether and how national courts of African countries apply constitutional and human rights to protect reproductive and sexual rights. The case summaries, significance sections, and thematic highlights serve as useful resources for those seeking to further develop litigation, advocacy, and capacity- building strategies.

Like its predecessors, Legal Grounds: Reproductive and Sexual Rights in Sub-Saharan African Courts – Volume III is a tool for organizations, individuals, and institutions of learning. The scope of this third volume has been widened beyond Commonwealth African countries to include cases from Francophone countries, while focusing more exclusively on court decisions related to reproductive and sexual health. This compelling publication contributes towards a knowledge base of court decisions that bear directly or indirectly on the exercise of reproductive and sexual health as constitutional and human rights in Africa.
228 page book onlinePrevious volumes Printable flyer with Table of Contents.

TABLE OF CONTENTS:
Foreword, Introduction, Acknowledgments
Children and Adolescents
—Child, Forced and Early Marriage
—Female Genital Mutilation legal-grounds/
—Sexual Abuse, Assault and Violence
—Consensual Sexual Conduct
—Student Pregnancy
—Maternal Health Care and Services
Abortion and Fetal Interests
—Abortion
—Wrongful Birth or Life
Adoption and Surrogacy
—Adoption
—Surrogacy
Gender, Sexuality, Women and Discrimination
—Rape
—Disability, Sexuality and Criminal Law
—Women and Criminal Law
—Legal Recognition of Intersexuality
—Gender Identity
—Sexual Orientation
—Recognition of LGBTIQ Advocacy and Groups
HIV
—Access to Treatment
—Criminalisation of Transmission
—Forced Sterilization
—Discrimination in Employment
Francophone Africa / L’Afrique Francophone
—Adultery, Polygamy, Infanticide
Appendices – Table of Cases, Online Resources, Endnotes

HIGHLIGHTS BY AFRICAN AUTHORS:
Child Marriage: Legal and Socio-Cultural Aspects, by Godfrey Kangaude
Adolescent Consensual Sexual Conduct, by Godfrey Kangaude
Sexual Abuse, Assault and Violence, by Victoria Balogun
Maternal Health Care and Services, by Tinyade Kachika
Abortion and Fetal Interests, by Onyema Afulukwe
Adoption and Surrogacy, by Ronaldah Lerato Karabo Ozah
Gender, Sexuality, Women and Discrimination, by MaryFrances Lukera
Criminalisation of HIV Non-Disclosure, Exposure and Transmission, by Jacinta Nyachae
Sexual and Reproductive Rights of Women Living with HIV, by Ebenezer Durojaye
Towards Respect for Human Diversity, by Godfrey Kangaude

COUNTRIES:  Benin, Botswana, Kenya, Namibia, Niger, Nigeria, Rwanda, South Africa, Uganda,  Zambia, Zimbabwe

228 page book online.  Previous volumes.
Printable flyer with Table of Contents.


African Courts recognize sexually diverse persons and LGBTI advocates

December 20, 2016

Many thanks to Godfrey Kangaude, author of a highlight commentary “Towards Respect for Human Diversity,” in  Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts (forthcoming February 2017).  We are pleased to provide the following excerpt for REPROHEALTHLAW subscribers:

. . . Many governments have adopted constitutions that recognise human dignity and equality. Yet in The Attorney General of Botswana v. Thuto Rammoge and 19 Others, the Attorney General of Botswana tried to argue that the Constitution of Botswana did not apply to persons of non-heterosexual orientation. This reflects a pervasive attitude in governments driven by politicians who do not believe in the human dignity and equality stipulated by their own constitutions.

Persons of non-heterosexual orientation, or whose gender identity and expression does not conform to some traditional gender notions, continue to face government-sponsored hate and victimization.  Sometimes this has been indirect, for instance through a refusal to recognise the rights to association and expression such as in the Thuto Rammoge cases in Botswana [1, 2], the Gitari case [3] and Ex-parte Transgender Education and Advocacy case [4] in Kenya, and the Kasonkomona case [5] in Zambia. Apart from criminalizing sexual conduct, governments deploy other laws to prevent LGBTI persons from enjoying their right to association and expression. In the Kasonkomona case, the government used vagrancylaws to try and deny persons the right to talk freely about LGBTI rights.

In all the above mentioned cases, however, the courts applied human rights norms to the issues raised before them and vindicated the claims that LGBTI persons are deserving of human rights because they are in the first place, human beings. However, the case of C.O.L. & G.M.N.,[6] where the Kenyan Court upheld the constitutionality of the law compelling anal examinations in order to prove homosexual behaviour, indicates that there is a great deal that has to be done to secure enjoyment of rights of all persons including decriminalization of sexual conduct involving non-heterosexual intimacy, and also recognition of gender diversity.  The victories in these cases are significant as they are beacons of light in the midst of pervasive discrimination against LGBTI persons. The positive judgments refresh the obligations of governments to be faithful to their own constitutions to respect the fundamental values of human dignity and equality of all persons, regardless of sexual orientation, gender identity and expression. This negative judgement, though, calls for vigilance to realise human rights for everyone.

[1]  Thuto Rammoge & 19 Others v. The Attorney General of Botswana  [2014] MAHGB-000175-13  (Botswana, High Court). [Homosexual rights advocacy society received official recognition.]   Decision online.   Short abstract by Michelle HaymanCase summary for Legal Grounds III.

[2] Attorney General of Botswana v. Thuto Rammoge & 19 Others  [2016] CACGB-128-14 (Botswana, Court of Appeal at Gaborone).  [Appeal dismissed]   Decision onlineCase summary for Legal Grounds III.

[3] Eric Gitari v. Non-Governmental Organizations Co-Ordination Board & 4 Others, [2015] eKLR, Petition No. 440 of 2013  (Kenya, High Court at Nairobi).  [LGBT organizations can be registered.]  Decision online.   Case summary and analysis for Legal Grounds III.

[4] Republic v. Non-Governmental Organizations Co-ordination Board & another ex-parte Transgender Education and Advocacy & 3 Others [2014] eKLR, JR Miscellaneous Application No. 308a of 2013 (Kenya, High Court). [Transgender organization can be registered].   Decision onlineCase summary and analysis for Legal Grounds III.

[5] People v. Paul Kasonkomona [2015] HPA/53/2014  (Zambia, High Court).[Freedom of expression: HIV/LGBT activist acquitted for remarks made on television.]   Decisions and documents onlineCase summary and analysis for Legal Grounds III.

[6]  C.O.L. & G.M.N. v. Resident Magistrate Kwale Court & Others, Petition No. 51 of 2015 (Kenya, High Court –Constitutional and Judicial Review Division).  [Court allowed medical examinations including anal exams to prove crime of homosexuality].  Decision online.   Case summary and analysis for Legal Grounds III.

__________________________
Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   For Program publications and resources, see our website, online here.     TO JOIN THIS BLOG: enter your email address in upper right corner of this webpage, then check your email to confirm the subscription.


REPROHEALTHLAW Updates: Decisions, Resources and Opportunities

January 28, 2015

REPROHEALTHLAW BLOG

January 28, 2015

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

DEVELOPMENTS:

Abortion developments in 2014, month-by-month overview by FIAPAC, is online here.

Argentina – groups file suit due to state’s failure to comply with 2012 “FAL” Supreme Court ruling allowing access to abortion to cases of rape.  News report 

Botswana – Landmark ruling gives Freedom of Expression to African LGBT advocacy group:
Thuto Rammoge and 19 others v Attorney General [2014] MAHGB-000175-13 (High Court of Botswana) November 14, 2014  Decision onlineAbstract by Law student.

Canada:  New Brunswick (province) removes barriers to abortion.  Press Release.

El Salvador – Woman exonerated from 30-year sentence for abortion; provides hope for another 16 imprisoned women.  News report.

Ireland – Brain dead woman kept alive (against family wishes) in the interests of her 18-week fetus, must be withdrawn from life support.
P.P. v Health Service Executive, [2014 No. 10792P]  29-page judgment delivered December 26, 2014, High Court of Ireland.  29-page decisionAnalysis by Mairead Enright

 

RESOURCES

Abortion Law in Transnational Perspective:  Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens, 16 chapters.  University of Pennsylvania Press, 2014, 482 pages.
Table of Contents online here.   Introduction by the editors: online through SSRN.
Table of Cases with links to decisions, online here, Purchase from: U Penn Press.
A Spanish translation is in progress.  To be notified when it is published, send your email address to reprohealth.law at utoronto.ca with subject line “Spanish abortion book”

Abortion policies and reproductive health around the world, by  United Nations, Department of Economic and Social Affairs, Population Division, 2014. 52-page report online.

[abortion – U.S. (book)] Every Third Woman in America: How Legal Abortion Transformed our Nation, by David Grimes,  Lulu, 2014. First 29 pages including ContentsPurchase or download book.

[abortion] Storehouse for Abortion Law and Policy, from Ipas,  links advocates and policymakers to publications: primary human rights documents, World Health Organization recommendations, materials by expert organizations, and key journal articles in the following categories:  Drafting abortion laws; Health and life grounds, Provider authorization, Conscientious Objection, Medical abortion, Adolescent rights, Privacy and confidentiality, and Right to Life.   Online here.

[African Women’s Protocol]  “Policing bodies, punishing lives: The African Women’s Protocol as a tool for resistance of illegitimate criminalisation of women’s sexualities and reproduction” by Jaime Todd-Gher, (2014) 14.2 African Human Rights Law Journal 735-756.  Online here. 

[consent] Types of Consent in Reproductive Health Care, by Bernard M. Dickens and Rebecca J. Cook.  International Journal of Gynecology and Obstetrics 128 (2015) 181–184.  abstract and full text.

[ethics – pre-natal screening]  Bioethics 29.1  (Jan 2015) several articles abstracted online, including:
–“Psychological Aspects of Individualized Choice and Reproductive Autonomy in Prenatal Screening”  by Jenny Hewison, pp 9-18  abstract
–“Prenatal Screening, Reproductive Choice, and Public Health”  by Stephen Wilkinson, pp. 26-35  abstract
–“Prenatal Screening: An Ethical Agenda for the Near Future” by Antina de Jong, pp. 46-55   abstract

[human rights] “Advancing sexual health through human rights: The role of the law” by  Eszter Kismödi, Jane Cottingham, Sofia Gruskin & Alice M. Miller.  Global Public Health: An International Journal for Research, Policy and Practice.  2014, pp. 1-16.  Online here.

[Maternal mortality, Brazil, CEDAW] “Human Rights and Maternal Health: Exploring the Effectiveness of the Alyne Decision” by Rebecca Cook.  Journal of Law, Medicine and Ethics, Spring 2013,103-123, Original text in EnglishRepublished in SpanishNew edition in Portuguese:  “Direitos humanos e mortalidade materna: explorando a eficácia da decisão do Caso Alyne. Interesse Público [Recurso Eletrônico], São Paulo , v. 16, n. 86, jul./ago. 2014.   Full text in PortugueseRepublished in Portuguese journal.

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

 OPPORTUNITIES

—  EDUCATION

MHSc in Bioethics,  University of Toronto, accepting applications till March 1, 2015   Factsheet,   Website.

Graduate Programs in Law at the University of Toronto, application deadlines online.

JOBS

Executive Director, Center for Women’s Global Leadership, Rutgers University, New Jersey, USA.  Job Details 

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


Botswana: Freedom of Expression for LGBT group

January 28, 2015

Many thanks to law student Michelle Hayman, Research Assistant in the International Reproductive and Sexual Health Law Program at the University of Toronto, for summarizing this decision for subscribers of our REPROHEALTHLAW blog.

 Landmark Freedom of Expression Victory for LGBT Group in Botswana

Thuto Rammoge and 19 others v Attorney General [2014] MAHGB-000175-13 (High Court of Botswana) November 14, 2014  Decision online.

The High Court of Botswana overturned the Minister of Labour and Home Affairs’ decision to refuse to register LEGABIBO (Lesbians, Gays and Bisexuals of Botswana) as a society. The Minister had denied their application on the grounds that “Botswana’s constitution does not recognize homosexuals” and that their application would violate s. 7(2)(a) of the Societies Act which states that “the Registrar shall refuse to register […] a local society where […] any of the objects of the Society is or is likely to be used for any unlawful purpose” (4).

Rannowane J overturned this decision as unreasonable under a common law judicial review and as a violation of the petitioner’s constitutional rights to freedom of expression, assembly and association. He differentiated between engaging in homosexual activity, which is outlawed in Botswana, and engaging in lawful political advocacy and lobbying. He therefore found that the decision to refuse to register the society based on s. 7(2)(a) was “clearly wrong” (12).

Importantly, Rannowane J emphasized that it was not illegal to be attracted to individuals of the same sex.  In finding a constitutional violation of sections 3, 12 and 13 of Botswana’s constitution, he stated that “denying people whose sexual orientation is not a crime in Botswana the right to register a society for the purposes of lawfully carrying out advocacy for inter alia, decriminalization of homosexuality is a clear violation of their constitutional right to freedom of expression, assembly and association” (17). The Court ordered that LEGABIBO be entitled to register as a society.

NGOs and advocacy groups are recognizing this case as an important victory for freedom of expression and LGBT rights in Southern Africa.

————

LEGABIBO’s comments on the triumph are online here.

Entire decision is online here.

Legal oppression of LGBT people in Botswana is outlined here.

Human Rights Watch comment is online here.

Legal Grounds:  Sexual and Reproductive Rights in African Commonwealth CourtsVolumes 1 and 2 [2000-2008] are online here.

 


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.

——————–

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 listserve, Oct 22, 2011

October 23, 2011

COURT DECISIONS, NEWS & RESOURCES

COURTS:

Canadian Supreme Court – historic decision for harm reduction – Ministry of Health ordered to exempt Insite (safe injection site for drug users to reduce HIV transmission) from federal drug laws.  Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44, Docket  33556
decision online 

CEDAW –  maternal death in Brazil:   Alyne da Silva Pimentel Teixeira (deceased) v Brazil, CEDAW, UN Doc CEDAW/C/49/D/17/2008 (2011)  decision online  Commentary

Mexican Supreme Court dismisses unconstitutionality claim against constitutional amendments in 2 states protecting life from moment of conception. News item

New Zealand Court of Appeal and Supreme Court.  Abortion Supervisory Committee v. Right to Life New Zealand Inc.  [2011] NZCA 246.  Decision online    Commentary

CALLS:

[fellowship] Petrie-Flom Academic Fellowship 2012-2014, Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics,  Harvard Law School, USA, Apply by Nov 14, 2011.  More info

[fellowship] John Peters Humphrey Fellowship in International Human Rights, 2012, for students in Canadian law & political science (or equivalent) faculties. Apply to Nov 15, 2011  More info

[papers] Journal of Health Politics, Policy and Law, special issue on public health law research.  submit paper by Mar 15, 2012. More info

[project funding] Calls for Proposals re funding re sexual/ repro health/rights projects offered by the European Union.  E-neus: Oct 17 edition  online here

EVENTS

(Canada) Reference Re Assisted Human Reproduction Act: Implications of the Supreme Court’s Decision,  symposium, November 4-5, 2011, Bennett Lecture Hall, Flavelle House, Faculty of Law,University of Toronto,Canada.  More info

NEWS:

Indonesia: Safe abortion hotline launched by Women on Waves.  More info

 Mexican president wants change in abortion stance under 1981 Pact of San Jose on Human Rights .  More info

RESOURCES

[abortion] Access to Information on Safe Abortion: A Harm Reduction and Human Rights Approach, by Joanna Erdman, Harvard Journal of Law & Gender, Vol. 34, pp. 413-462, 2011 . online at SSRN
 
[abortion, in Spanish] Special issue on abortion in “Cuestión de Derechos” with articles by Mercedes Cavallo and Paola Bergallo. online here

[access to medicines] IDPC Drug Policy Guide – global evidence & best practices on policy & program design
Executive Summary: English, Arabic, Chinese, Czech, French, ItalianRussian & Spanish
Full text (124 pages): English, French, Spanish, Russian, Georgian & HTML. .

[access to medicines, patents, India] “Freedom under TRIPS: India as an Example. By Cynthia M. Ho, in book: Access to Medicine in the Global Economy: International Agreements on Patents and Related Rights, Oxford University Press, 2011 online at SSRN
 
[access to medicines, patents, Latin America]
—The Influence of the Andean Intellectual Property Regime on Access to Medicines in Latin America, by Laurence R Helfer & Karen J. Atler, in book: Balancing Wealth and Health: Global Administrative Law and the Battle over Intellectual Property and Access to Medicines in Latin America, ed. Rochelle Dreyfuss, César Rodríguez Garavito, 2011. online at SSRN

—-The Rights-Based Approach to Intellectual Property and Access to Medicine: Parameters and Pitfalls, by Smita Narula, in book: Balancing Wealth and Health: Global Administrative Law and the Battle over Intellectual Property and Access to Medicines in Latin America, ed. Rochelle Dreyfuss, César Rodríguez Garavito, 2011.  online at SSRN

[Africa] Health Care Challenges in Africa: Is Millennium Development Goal 8 an Adequate Panacea? (2011 working paper by Obiajulu Nnamuchi  & Simon Uche Ortuanya, suggests solutions to structural/operational difficultlies re international assistance). online at SSRN

[Conscience – individual, institutional]  Whose Conscience Counts? by Elizabeth Sepper, (2011).  working paper online

[homosexuality -Botswana,India,South Africa, US, Zimbabwe] Morality Tales in Comparative Jurisprudence: What the Law Says About Sex by Allison L. Jernow, analyzes use of public morality justifications in constitutional challenges to laws that criminalize same-sex sexual relationships, use of privacy and equality as counter-arguments to morality. AmsterdamLaw Forum, Vol. 3, No. 2, p. 4, 2011 .  online

Legal Perspectives on Gender and Sexual Equality, Amsterdam Law Forum, Vol 3, No 2 (2011). online

[rape] The Crime of Rape Under the Rome Statute of the ICC (with a Special Emphasis on the Jurisprudence of the Ad Hoc Criminal Tribunals) by Nicole Brigitte Maier, Amsterdam Law  Forum, Vol. 3, No. 2, p. 146, 2011 . online 

[same-sex rights] The Miraculous Year 2010 in United States’ Gay Rights Law: Anomaly or Tipping Point? By Arthur S. Leonard,  Amsterdam Law Forum, Vol. 3, No. 2, p. 176, 2011 .  online

Same-Sex Relationships in Europe: Trends Toward Tolerance?  By Ian Curry-Sumner,   Amsterdam Law Forum, Vol. 3, No. 2, p. 43, 2011 .  online

[same-sex marriage] The Institution of Marriage and Other Domestic Relations [re flaws of legalizing same-sex marriage] by Lynn D. Wardle, Amsterdam Law Forum, Vol. 3, No. 2, p. 160, 2011.  online

[sex-trafficking, Africa] Human Slavery’s New Era in Sub-Saharan Africa: Combating the Trafficking of Women and Girls for Sexual Exploitation, Report of Findings for Equality Now-Nairobi (August 13, 2010). By Kimberly Marie Brown   Online.

[sex work – India]  Legal Measures Towards Mainstreaming Indian Sex Workers: Would the Swedish Model Work in India? Working paper by Ankita Gulati online

Sexual And Reproductive Rights: More Than Just Health – analysis of Anand Grover’s report to the UN General Assembly, which  focuses on women’s freedom, decision-making, process, and autonomy – by Sandra Dughman Manzur with Shareen Gokal  Online analysis

Unequal in Exile: Gender Equality, Sexual Identity and Refugee Status(2011). By Dale Buscher,  Amsterdam Law Forum, Vol. 3, No. 2, p. 92, 2011 .  Online

 [VAW during wars] Contextualizing Sexual Violence Committed During the War on Terror: A Historical Overview of International Accountability [evolution of international norms re rape & sexual violence] by Alexa Koenig, Ryan S Lincoln & Lauren Groth. University of San Francisco Law Review, Vol. 45, No. 4, p. 911, 2011. online at SSRN

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