International migrants’ right to sexual and reproductive health care

Congratulations and thanks to Professor Y.Y. Brandon Chen, a legal scholar who teaches at the University of Ottawa’s Faculty of Law. Professor Chen’s recent article in the International Journal of Gynecology and Obstetrics‘ section on Ethical and Legal Issues in Reproductive Health notes that international law protects migrants’ right to access sexual and reproductive health care, so violation of this right by governments will attract condemnation from human rights treaty bodies, such as the UN Human Rights Committee’s 2018 ruling in the case of Toussaint v. Canada. We are pleased to circulate the following abstract.

Y. Y. Brandon Chen, “International migrants’ right to sexual and reproductive health care,” International Journal of Gynecology and Obstetrics 2022;157: 210–215.  PDF at Wiley online.. 

Abstract: International migration puts people’s sexual and reproductive health (SRH), particularly those of women and children, at increased risk. However, many international migrants are denied access to timely and adequate SRH information, goods, and services by governments and/or service providers. This article reviews relevant international human rights treaties to argue that the barriers faced by migrants in accessing SRH care constitute violations of international law. It is well established that migrants are guaranteed access to SRH care as a part of their right to health, as well as the rights enjoyed by vulnerable populations. Increasingly, hindrance of migrants’ access to SRH care is also recognized as a threat to their rights to life and equality with non- migrants. The case of Toussaint v Canada illustrates how governments may be held accountable by human rights treaty monitoring bodies when they fail to respect and fulfill migrants’ right to SRH care.

Keywords: health care access, international migrants, migrant women, non-discrimination, right to life, sexual and reproductive health and rights.

RELATED RESOURCES

“Sexual and reproductive health and rights of refugee and migrant women: gynecologists’ and obstetricians’ responsibilities,” by Margit Endler, T. Al Haidari, S. Chowdhury, J. Christilaw, F. El Kak, D. Galimberti, M. Gutierrez, A. Ramirez-Negrin, H. Senanayake, R. Sohail, M. Temmerman, K. Gemzell Danielsson, (On behalf of the FIGO Committee on Human Rights, Refugees and Violence against women). International Journal of Gynecology and Obstetrics149.1 (April 2020): 113–119. PDF at Wiley Online.   Submitted Text at SSRN.

Ethical and Legal Issues in Reproductive Health, more than 100 concise articles are online here.

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Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our Publications,  Information resources, and Reprohealthlaw Commentaries Series.  TO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.  

REPROHEALTHLAW Updates – Feb/March 2020

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DEVELOPMENTS

[CEDAW] S.F.M. v. Spain. The Committee on the Elimination of Discrimination against Women urges reparations to a woman who suffered lasting physical and mental trauma during childbirth, and recommends public policies to combat obstetric violence (verbal or physical abuse or mistreatment during childbirth). CEDAW/C/75/D/138/2018, Decision of 28 Feb 2020. Press release. Decision in Spanish.

[Colombia] Constitutional Court declines to consider anti-choice petition, allowing three exceptions to criminal law against abortion to continue. March 2, 2020. Expediente D-13225, Boletín No. 25:     Decision in Spanish.  News article in English.  Safe Abortion article in English.

[England]: Secretary of State for Health and Social Care has approved “Temporary approval for home use for both stages of early medical abortion” (up to 10 weeks), due to COVID-19 pandemic. Government announcement, March 30, 2020. RCOG Guidance for Health Professionals, version 1, March 21, 2020.

European Court of Human Rights dismisses complaint of conscientious objector who could not secure job as a midwife in Sweden. Case of Grimmark v. Sweden,   App. No. 43726/17, Eur. Ct. H.R. (2020)  Decision online.  Backup copy. Overview by Prof. Bernard M. Dickens.

New Zealand decriminalizes abortion, reclassifying it as a medical procedure, available on request within first 20 weeks of pregnancy. Abortion Legislation Act 2020 (2020/6) received royal assent March 23, 2020. New legislation. News report.

Northern Ireland – will allow abortion on request within 12 weeks, March 31, 2020. “A new legal framework for abortion services in Northern Ireland: Implementation of the legal duty under section 9 of the Northern Ireland (Executive Formation etc) Act 2019. UK government document. BBC news report.

[Thailand] Constitutional Court ruled that Criminal Code section 301 concerning penalties for abortion violates the 2017 Constitution sections 27, 28, which endorse equal rights between men and women, as well as the right and liberty of everyone in his/her life and person. Decision of February 19, 2020, summarized in: News report.

SCHOLARSHIP

[Abortion, Australia (NSW)] “Abortion Decriminalisation in New South Wales: An Analysis of the Abortion Law Reform Act 2019 (NSW), by Anna Walsh and Tiana Legge, Journal of Law and Medicine, 30 Nov 2019, 27(2):325-337 Article online.

[abortion, Australia (SA)] “Abortion: A Review of South Australian Law and Practice,” by the Southern Australian Law Reform Institute(SALRI), Report 13 (October 2019), submitted to Attorney General Dec. 5, 2019, recommendations for planned decriminalization. 506-page report. News report.

[abortion, Belgium] “Late Termination of Pregnancy in Belgium: Exploring Its Legality and Scope,” byFien De Meyer – European Journal of Health Law 27.1 (2020): 9-34 Abstract and Article.

[abortion law, Canada] “When there are no abortion laws: A case study of Canada,” by Dorothy Shaw, Wendy V. Norman, Best Practice & Research Clinical Obstetrics & Gynaecology 62 (Jan. 2020): 49-62. Abstract and related resources. Article online.

“Abortion in Ireland,” Feminist Review 124.1 (March 2020), Special issue includes:
— Introduction to the Themed Issue,” by Sydney Calkin, Fiona de Londras, Gina Heathcote.
—[Ireland] ‘A Hope Raised and then Defeated’? the Continuing Harms of Irish Abortion Law, by Fiona de Londras
—[El Salvador] ‘Repeal the 8th’ in a Transnational Context: The Potential of SRHRs for Advancing Abortion Access in El Salvador, by Rebecca Smyth
—-[Italy] The Ambivalence of Law: Some Observations on the Denial of Access to Abortion Services in Italy, by Elena Caruso

Abortion Law Decisions webpage, with links to court decisions, updated March 2020, is online here in English… y en Espanol.

[abortion, Mexico] “Abortion Rights and Human Rights in Mexico, by Jennifer Nelson, chapter in Reproductive Justice and Sexual Rights: Transnational Perspectives, ed. Tanya Saroj Bakhru (New York: Routledge, 2019; 264 pp. About the book.

[abortion, U.K.] “Decriminalising Abortion in the UK- What Would It Mean?” ed. Sally Sheldon and Kaye Wellings. (Bristol: Policy Press, March 23, 2020) 112 pages, Open Access book.

Women’s Health and the Limits of the Law: Domestic and International Perspectives, ed. Irehobhude O. Iyioha (Routledge, 2020), Book information. Chapters include:
—“Abortion law in China: disempowering women under the liberal regulatory model,” by Wei Wei Cao
—“Tilted interpretations,: reproductive health law and practice in the Philippines,” by Amparita Sta. Maria
—“On the margins of law: examining the limits of legislative initiatives on maternal mortality in South Africa and Nigeria,” by Arooj Shah, Simisola O. Akintola and Irehobhude O. Iyioha

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

WEBINAR:
“COVID-19: What implications for SRHR globally?” by Sexual and Reproductive Health Matters, held March 27, 2020. 100-minute video.

JOBS

Links to employers in the field of Reproductive and Sexual Health Law are online here.
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Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our Publications,  Information resources, and Reprohealthlaw Commentaries Series.  TO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.

Canada: “When there are no abortion laws” article by Shaw and Norman

Congratulations and thanks to Dorothy Shaw and Wendy V. Norman, professors of medicine from the University of British Columbia, whose article on “Abortion: Global Perspectives and Country Experiences,” was recently published in a special issue of Best Practice & Research Clinical Obstetrics & Gynaecology edited by Iqbal Shah. We are pleased to circulate their abstract and highlights of their article:

“When there are no abortion laws: A case study of Canada,”
Dorothy Shaw, Wendy V. Norman, Best Practice & Research Clinical Obstetrics & Gynaecology 62 (Jan. 2020): 49-62. Article online.

Abstract: 30 years ago, Canada decriminalized abortion, uniquely in the world. We present the timeline of relevant Canadian legal, political, and policy events before and since decriminalization. We assess implications for clinical care, health service and systems decisions, health policy, and the epidemiology of abortion in the absence of criminal legislation. As the criminal abortion law was struck down, dozens of similar private member’s bills, and one government bill, have been proposed, but none were passed. Although some Canadian provinces initially attempted to provide restrictive regulations and legislation, all of these have been revoked and largely replaced with supportive policies that improve equitable, accessible, state-provided abortion service.

Regulating abortion as a healthcare service has not led to higher abortion rates. Abortion rates have been stable over 30 years since decriminalization, and a falling proportion of abortions occur late in the second trimester. As access to services increases, the average gestational age at abortion is decreasing. The Canadian experience demonstrates that abortion care can safely and effectively be regulated as a normal component of usual medical care. Canada’s 30-year experience may guide other countries considering decriminalizing abortion.

The entire article can be read online.

Related Resources about abortion law in Canada:
Government of Canada. Report of the Committee on the Operation of the Abortion Law, (Ottawa: Ministry of Supplies and Services, 1977) (Chair: Robin Badgley) “Badgley Report” online.

This “Badgley Report” showed, among other things, that the criminal abortion law operated inequitably across Canada. It provided a factual basis which was instrumental in the Supreme Court’s finding of a violation of the right to the security of the person in the Morgentaler Decision. of 1988, which removed abortion laws in the Canadian Criminal Code.

R. v. Morgentaler, [1988] 1 S.C.R. 30, 44 D.L.R. (4th) 385 (Supreme Court of Canada),  Decision online.  Backup of print edition.

For more recent Canadian decisions, see: Abortion Law Decisions online.
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Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our Publications,  Information resources, and Reprohealthlaw Commentaries Series.  TO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.

REPROHEALTHLAW Updates – Nov/Dec. 2019

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DEVELOPMENTS:
Canada (Ontario): Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, 2019 ONCA 393, Doc. no. C65397, Decision of May 15, 2019. (Canada: Ontario Court of Appeal)  Decision online.  Case summary by Bernard M. Dickens.

Ecuador:  National Assembly fails to decriminalize abortion for rape victims. Guardian newspaper report.

[U.S. – conscience]  Federal Judge holds Trump-Backed ‘Conscience Rule’ for Health Workers unconstitutional. Nov. 6, 2019  Washington Post Report.

SCHOLARSHIP:

[abortion and miscarriage] “The Law and Ethics of Fetal Burial Requirements for Reproductive Health Care,” by Dov Fox, I. Glenn Cohen and Eli Y. Adashi, JAMA 322. 14(Oct 8, 2019): 1347-8. Abstract and institutional access.

[abortion law, Ireland] “Intersectionality, Repeal, and Reproductive Rights in Ireland,” by Fiona de Londras, forthcoming in: Shreya Atrey and Peter Dunne (eds), Intersectionality and Human Rights, Abstract and chapter.

[conscience] Abortion Care in Ireland: Developing Legal and Ethical Frameworks for Conscientious Provision, by Mary Donnelly and Claire Murray, International Journal of Gynecology and Obstetrics 148 (Jan. 2020): 127–132. PDF at Wiley Online for 12 months.  Abstract and article on SSRN.

European Abortion Laws: A Comparative Overview, Center for Reproductive Rights, Nov. 2019. 9-page Fact Sheet,

Feminist Judgments in International Law, ed. Loveday Hodson and Troy Lavers (Oxford: Hart, 2019), 279-302 (511 pages). Publisher’s abstract. About feminist rewrite of ECtHR’s A, B. & C v. Ireland.

[homosexuality] “Nigerian High Court avoided constitutional scrutiny of anti-gay laws : Mr. Teriah Joseph Ebah v. Federal Republic of Nigeria (2014),” Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, Reprohealthlaw Blog, Dec. 10, 2019 Decision online.    6-page Case Comment by Ovye Affi.

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 International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our Publications,  Information resources, and Reprohealthlaw Commentaries Series.  TO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.

Ontario Court: Conscientious objectors must provide effective referral

Many thanks to Bernard M. Dickens, Professor Emeritus of Health Law and Policy at the University of Toronto’s Faculty of Law, for summarizing a recent Canadian judgment by the Ontario Court of Appeal:

In the case of Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario (2019 ONCA 393) [decision online], the Ontario Court of Appeal unanimously upheld the lower court ruling that the Policies of the College requiring physicians who invoke rights of conscientious objection in order not to participate in procedures that violate their religious beliefs must provide a patient seeking such a procedure with an “effective referral.” Objected procedures included abortion, contraception (including emergency contraception, tubal ligation and vasectomy), infertility treatment for heterosexual and homosexual patients, prescription of erectile dysfunction medication, gender re-assignment surgery and medical assistance in dying. The Policies defined effective referral as “a referral made in good faith, to a non-objecting, available, and accessible physician, other health-care professional, or agency.”

The objectors complained that such referral constitutes complicity, which is as wrongful as direct participation, in the procedures which violate their religious beliefs. The Policies were therefore claimed to be in breach of the complainants’ right to “freedom of conscience and religion”, protected under section 2(a) of the Canadian Charter of Rights and Freedoms, under which CPSO is bound by discharging functions delegated by government. Charter section 1 guarantees rights and freedoms subject to reasonable limits that “can be demonstrably justified in a free and democratic society”.

The Court accepted the complainants’ evidence that effective referral offends their religious convictions, and (without addressing secular conscience) found that the Policies restrict their Charter right to freedon of religion. Restriction was found demonstrably justified under section 1, however, because the purpose of medical services is to serve patients’ access to medical care. The Court endorsed the lower court’s observation that “[a]s members of a regulated and publicly-funded profession, they [the complainants] are subject to requirements that focus on the public interest, rather than their own interests. In fact, the fiduciary nature of the physician-patient relationship requires physicians to act at all times in their patients’ best interests, and to avoid conflicts between their own interests and their patients’ interests” (para. 187). The Court supported this finding by noting patients’ vulnerability regarding access to medical services of personal sensitivity, and dependence on medical professionals to guide them through otherwise obscure or obstructed pathways to other professionals who will provide the effective care patients seek.

Effective referral preserves a proportionate balance between professionals’ rights of conscientious objection to conduct procedures and patients’ rights of timely access to appropriate health services.

RELATED RESOURCES

[Original ruling] Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, 2018 ONSC 579, File no. 499/16/ 500/16, Decision of Jan 31, 2018 (Ontario: Superior Court of Justice, Divisional Court). Decision online. 

[Court of Appeal Ruling] Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, 2019 ONCA 393, Doc. no. C65397, Decision of May 15, 2019. (Canada: Ontario Court of Appeals)  Decision online.  

Conscientious Objection / The Right to Conscience, updated May 9 2019 Annotated Bibliography online.

Abortion Law Decisions websites in English — y en espanol.

“The Right to Conscience,” by Bernard M. Dickens, in Abortion Law in Transnational Perspective, Cases and Controversies, ed. Rebecca J. Cook, Joanna N. Erdman and Bernard M. Dickens (Philadelphia: University of Pennsylvania Press, 2014) 210-238. Abstract of chapter. English edition. Spanish edition.
______________
Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our Publications,  Information resources, and Reprohealthlaw Commentaries Series.
TO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.

REPROHEALTHLAW Updates – August 2019

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

COLLOQUIUM:

Overcoming Barriers to Safe Abortion in the African Region, 16-17 January 2020, at the University of Pretoria’s Centre for Human Rights. Details, funding, topics, and Call for Abstracts

DEVELOPMENTS:

El Salvador – Young woman acquitted of aggravated homicide after miscarriage in 2016. Evelyn Hernandez Cruz was released on appeal, July 10, 2019. News report.

Germany: Higher court overturns doctor’s conviction for “advertising” abortion among other health services, in light of recent legal reform. News report, July 3, 2019.

Kenya – Case of “JMM,” a teenager who died in 2015 after botched illegal abortion.  The High Court of Kenya at Nairobi, Constitutional and Human Rights Division, declared that abortion is permitted for rape victims. It also ruled that the Ministry of Health’s 2014 withdrawal of abortion “Standards and Guidelines” and abortion trainings for healthcare professionals, were arbitrary and unlawful. Federation of Women Lawyers (Fida – Kenya) & 3 others v Attorney General & 2 others; East Africa Center for Law & Justice & 6 others (Interested Party) & Women’s Link Worldwide & 2 others (Amicus Curiae) [2019] eKLR, Petition No. 266 of 2015.   Decision of June 11, 2019.   News report.    Press release by Center for Reproductive Rights.

Northern Ireland – U.K. bill to maintain Northern Ireland’s public services during governmental hiatus includes decriminalized abortion and same-sex marriage. Bill was signed into law July 24, 2019, to take effect October 22, 2019. Time Magazine: “After 158 Years.”

United Kingdom: Court of Appeal upholds legality of a buffer zone around a London abortion clinic.  Dulgheriu and Orthova v. the London Borough for Civil Liberties and The National Council for Civil Liberties [2019] EWCA Civ 1490, Case No: C1/2018/1699 Court of Appeal (Civil Division). (Decision of August 21, 2019)  Report by Safe Abortion.

United Nations, International Law Commission, UN 71st session, A/CN.4/L.935 May 15, 2019, adopted new edition of “Crimes against Humanity” treaty, which “removed the outdated definition of gender … [It] affirmed that the rights of women, LGBTIQ persons, and other marginalized groups are protected in international criminal law, which will have ripple effects across national laws and future legal mechanisms for years to come,” according to Jessica Stern et al. New edition of Treaty.

SCHOLARSHIP:

[abortion law, Brazil] “Why is decriminalization necessary?  by the Anis Bioethical Institute (Brasilia, 2019).  The booklet is now available in English, Spanish and Portuguese : scroll down on this webpage.

[abortion law, Chile ] “Criminalisation under scrutiny: how constitutional courts are changing their narrative by using public health evidence in abortion cases,” by Verónica Undurraga, Sexual and Reproductive Health Matters 2019;27(1) DOI: 10.1080/26410397.2019.1620552 Article and abstract

[abortion law, Mexico] “Motherhood or Punishment: The criminalization of abortion in Mexico.” English 57-page report, 2019, English executive summary. Based on “Maternidad o Castigo:  La criminalización del aborto en Mexico,”  (Mexico, GIRE, 2018)  Informe de 72 paginas. 

[abortion law – United Kingdom] “Female Autonomy, Foetal Personhood and the English Legal Stance on Abortion Practice,” by Sahra Paula Thomet, Queen Mary Law Journal 10 (2019): 27-50. Institutional Access.

[abortion pill – Canada] “To Solve Abortion Pill Prescription Problems, We need to Rethink the Prescription Itself” by Professor Joanna Erdman, Dalhousie Law School, July 17, 2019 Newspaper Comment.

[age-of-marriage, Mali] “A commentary on the African Court’s decision in the case APDF and IHRDA v Republic of Mali: why socio-cultural endemic factors of a society could never support arguments based on force majeure” by Giulia Pecorella,  International Law Blog, January 14, 2019.  Comment online. Decision PDF.

“Gender Equality, Norms, and Health” 5-part series in The Lancet Vol. 393 provides new analysis and insights into the impact of gender inequalities and norms on health, and opportunities to transform them. ArticlesGender Equality Norms and Health series.

“Integrating Gender Perspectives  in Gynaecology and Obstetrics: Engaging Medical Colleges in Maharashtra, India,” by Sangeeta Rege,  Padma Bhate-Deosthali, Pravin Shingare, Srinivas Gadappa, Sonali Deshpande, Nandkishore Gaikwad, and Shailesh Vaidya, International Journal of Gynecology and Obstetrics 146 (2019): 132–138    PDF at Wiley Online.  Submitted text at SSRN.

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 International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our Publications,  Information resources, and Reprohealthlaw Commentaries Series.  TO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.

REPROHEALTHLAW Updates – June 2019

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DEVELOPMENTS:

[abortion, Germany]: Two more doctors fined for “advertising” abortion.  Newspaper report.  Criminal restrictions on abortion “advertising” restricts information provision – comment by Stephanie Schlitt.

[abortion, United Kingdom] UK Appeal court overturns forced abortion ruling. Termination had been said to be in best interests of woman with learning disabilities. The Guardian newspaper.

[abortion law, Croatia]:  Constitutional Court decision of February 21, 2017.  Rješenje Ustavnog Suda Republike Hrvatske, broj: U-I-60/1991 i dr. od 21.veljace 2017.  Decision in Croatian.  Summary from CRR.   Court’s press release.   New: Judgment translated into English.    I-CONnect Symposium online.

[abortion law, Mexico]  Suprema Corte de Justicia de la Nación, Primera Sala [Supreme Court] 2019,  Amparo en Revisión 1388/2015
[Case of “Marisa,” ruled that abortion should be allowed when mother’s health at risk]  May 15, 2019.  Decision in Spanish.   Backup copy.

[Costa Rica] Emergency contraception (Levonorgestrel) approved by Ministry of Health, for sale without prescription.  News article.

[homosexuality rulings]:
“Botswana’s High Court decriminalizes gay sex.”  June 12, 2019.  New York Times report.
“India: [Supreme] Court legalises gay sex in landmark ruling,” Sept 6, 2018.  BBC Report.
“Kenya: High Court upholds a ban on gay sex.”  EG & 7 others v Attorney General; DKM & 9 others Petition 150 & 234 of 2016 (consolidated), decision May 24, 2019  Decision online.    New York Times report.  Activists plan to appeal. Human Rights Watch report.

SCHOLARSHIP:

[abortion law, Brazil, Portuguese and English article]
—— “Constitucionalização do aborto no Brasil: uma análise a partir do caso da gravidez anencefálica,” por Marta Rodriguez de Assis Machado y Rebecca J. Cook. Revista Direito e Práxis, Rio de Janeiro, Vol. 10, N.03, 2019, p. 2239-2295.. DOI: 10.1590/2179-8966/2019/43406    Disponível em Portugues do Brazil.    Resumo en Portugues.

—— “Constitutionalizing abortion in Brazil,” Marta Rodriguez de Assis Machado y Rebecca J. Cook. Revista de Investigações Constitucionais, Curitiba, vol. 5, n. 3, p. 185-231, set./dez. 2018. DOI: 10.5380/rinc.v5i3.60973. Article in English. Abstract and related resources.

[abortion law, Chile] “The misrepresentation of conscientious objection as a new strategy of resistance to abortion decriminalisation,” by Verónica Undurraga and Michelle Sadler, Sexual and Reproductive Health Matters 27.2 (2019):1–3.  Abstract on Reprohealthlaw.   Article online

[abortion law, Croatia]: “Symposium: The 2017 Croatian Constitutional Court’s Abortion Ruling,” International Journal of Constitutional Law Blog (I-CONnect), June 15-18, 2019) includes comments from 3 legal scholars:
—— “Reconciling with the Past, Looking to the Future,” by Prof. Djordje Gardašević  Introduction
—— “A Nominal Win for Reproductive Freedom,” by Prof. Ana Horvat Vuković   Reproductive Freedom.
—— “Finding Common Ground amid Differences in Approach,” by Prof. Sonia Human  Common Ground.

[abortion law, South Korea] “Punishment for Abortion will Vanish from Korea’s Criminal Code: the April 2019 Constitutional Court Decision,” by Professor Hyunah Yang, Seoul National University School of Law  Commentary on Reprohealthlaw.

[USA]:  Reproductive Rights and Justice Stories (Law Stories Series), ed. Melissa Murray, Katherine Shaw, and Reva B. Siegel. Foundation Press, 2019. includes litigation stories behind important cases. Publisher’s summary.   Symposium about the book

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

REPORTS

[Dominican Republic] “I Felt Like the World Was Falling Down on Me,”  Adolescent Girls’ Sexual and Reproductive Health and Rights in the Dominican Republic (New York: Human Rights Watch, June 18, 2019)     Report in English.   en Español

[Honduras]  “Life or Death Choices for Women Living Under Honduras’ Abortion Ban,” (Human Rights Watch, 2019) Report in English.    en Español

[sex education – Canada] Canadian Guidelines for Sexual Health Education (updated edition, SIECAN (Sex Information & Education Council of Canada), May 1, 2019)  Guidelines, in English.  et en Francais.

JOBS

Links to employers in the field of Reproductive and Sexual Health Law are online here.
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Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our Publications,  Information resources, and Reprohealthlaw Commentaries Series.  TO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.

REPROHEALTHLAW Updates – May 2019

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DEVELOPMENTS:

Argentina: Doctor convicted of obstructing a legal abortion for raped woman, May 21, 2019  Report from Safe Abortion Campaign.

Canada: Ontario: Top Court rules that religious doctors must offer patients an ‘effective referral’ for assisted dying, abortion and birth control.  Report from Safe Abortion Campaign.

South Korean Constitutional Court (Case on the Crime of Abortion) Apr 11, 2019 / Case No. : 2017Hun-Ba127, KCCR) held provisions of “Abortion Prohibition Law” (1953) penalizing women and doctors for abortion are inconsistent with the Constitution.  If these provisions are not amended before Dec 31 2020, the law will be automatically abolished. Court’s own summary in English.   Official translation.    BBC News report.  Abstract and Article (2012) about the law.   Reprohealthlaw Blog comment by South Korean Legal Scholar.

SCHOLARSHIP:

[abortion – Northern Ireland] “Standing and the Northern Ireland Human Rights Commission,” by Jane M. Rooney,  Modern Law Review 82.3 (May 2019): 525-48.  Abstract and Institutional access to article.

[abortion – South Africa] “International human rights norms and the South African choice on termination of pregnancy act: an argument for vigilance and modernisation,”  Lucía Berro Pizzarossa & Ebenezer Durojaye, South African Journal on Human Rights 35.1 (April 2019): 50-69.  Abstract and Article.

[abortion – South Korea, before 2019 ruling] “Abortion in South Korea: The Law and the Reality, by Woong Kyu Sung,  International Journal of Law, Policy and the Family 26(3), (2012), 278–305.  Abstract and Article

The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality, ed. Susanna Mancini & Michel Rosenfeld (Cambridge Univ. Press, 2018)  Publisher’s website.  Table of Contents with Links.

[Conscience, Italy, ESCR ruling]  “Objection ladies! Taking IPPF-EN v Italy one step further,” by Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive, in Integrated Human Rights in Practice-Rewriting Human Rights Decisions, ed. Eva Brems and Ellen Desmet (Cheltenham, U.K.: Edward Elgar, 2017) 261-285. About the book.  Working paper PDF online.

[Conscientious Objection] “Seeking to Square the Circle:  Conscientious objection in Reproductive Healthcare by Emmanuelle Bribosia and Isabelle Rorive, in: Susanna Mancini & Michel Rosenfeld, eds., The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality,  (Cambridge Univ. Press, 2018)    Institutional Access .  working paper PDF online.

[Sex education] “The Challenges of Girls’ Right to Education: Let’s talk about Human Rights-based Sex education,” by Meghan Campbell, The International Journal of Human Rights, 20.8 (2016): 1219-1243, Online here. 

JOBS

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

______________
Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our Publications,  Information resources, and Reprohealthlaw Commentaries Series.
TO JOIN THE REPROHEALTHLAW BLOG: enter your email address in the upper right corner of our blog, then check your email to confirm the subscription.

 

REPROHEALTHLAW Updates – April 2019

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DEVELOPMENTS:

[Australia] High Court upholds safe access zones near abortion clinics. High Court of Australia,  Kathleen Clubb v Alyce Edwards & Anor;  John Graham Preston v. Elizabeth Avery & Anor,  [2019] HCA 11,  Judgment of April 10, 2019. Decision online.    High Court Press Release.  Summary and comment by Adrianne Walters, Senior Lawyer.

[Canada] Ministry of Health ruling: Doctors can now prescribe abortion pills without preliminary ultrasound.  Health Canada press release, April 16, 2019.  Safe Abortion Campaign report.

[Rwanda]  Ministry of Health ruling: Abortion approval requirement is reduced to one medical doctor. Ministerial Order N°002/MoH/2019 issued April 8, 2019. Details of Ministerial order. Rwandan newspaper.  In addition, 367 women imprisoned for having or assisting abortion / infanticide were also released by presidential pardon, April 5, 2019.  Safe Abortion report.   Guardian news report.

[South Korea] Constitutional Court ordered government to decriminalize abortion within 20 weeks of gestation by Dec 31, 2020.  An indicted doctor had petitioned against the law.  New York Times report, April 11, 2019. Amicus curiae submission by UN Working Group.

SCHOLARSHIP:

“Abortion, the Disabilities of Pregnancy, and the Dignity of Risk,” by Mary Anne Case, U of Chicago, Public Law Working Paper No. 705 (2019)  Working paper.

[abortion] “Abortion, law reform and the context of decision-making,” by Heather Douglas and Katherine Kerr [Australia],  Griffith Law Review 25.1 (2016) 129-145
Review Essay, discusses 3 books.:
—-Abortion Law in Transnational Perspective (Cook Erdman & Dickens);
—-Law, Policy and Reproductive Autonomy (Erin Nelson) ;
—-Reproductive Freedom, Torture, and International Human Rights (Ronli Sifris)

[Australia, Northern Territory] “A Reproductive Rights Framework Supporting Law Reform on Termination of Pregnancy in the Northern Territory of Australia
by Suzanne Belton, Felicity Gerry, and Virginia Stulz, Griffith Journal of Law and Human Dignity 6.2 (2018): 25-53. Abstract and Article.

[abortion, Northern Ireland]  “Abortion in Northern Ireland and the European Convention on Human Rights: Reflections from the UK Supreme Court,” by Bríd Ní Ghráinne  and Aisling McMahon, International & Comparative Law Quarterly 68.2(Apr 2019): 477-494.  Abstract and Article.  also on SSRN.

[abortion, Uruguay] “Legal barriers to access abortion services through a human rights lens: the Uruguayan experience,” by Lucía Berro Pizzarossa, Reproductive Health Matters 26:52(2018): 151-158.  Abstract and article.

[abortion, stereotyping, Uruguay]   ‘“Women are Not in the Best Position to Make These Decisions by Themselves”: Gender Stereotypes in the Uruguayan Abortion Law’ by Lucía Berro Pizzarossa University of Oxford Human Rights Hub Journal 1 (2019): 25-54.  Abstract and article.

[conscience]  ‘Right of freedom of conscience is not absolute’, by Joan McCarthy, Nursing in General Practice, 12.1(2018): 27-28.  Abstract and article.

“Female genital mutilation/cutting in Africa: A complex legal and ethical landscape,”  by Satang Nabaneh and Adamson S. Muula, InternationalJournal of Gynecology and Obstetrics, 2019; 145: 253–257,  PDF at Wiley Online.   Submitted text at SSRN.

[human rights and criminal law] Beyond Virtue and Vice:  Rethinking Human Rights and Criminal Law, ed.  Alice M. Miller and Mindy Jane Roseman,  Pennsylvania Studies in Human Rights (Philadelphia: University of Pennsylvania Press, 2019)  360 pages.  It includes:
——   Abortion as treason: Sexuality and Nationalism in France, by Mindy Jane Roseman, 158-170.
——   Harm Production: An Argument for Decriminalization, by Joanna N. Erdman, 248-268.    Book abstract and information.    Intro and excerpts from pp. 3-55 online.

[medical abortion access] “Realising the right to sexual and reproductive health: Access to essential medicines for medical abortion as a core obligation.” by Katrina Perehudoff, Lucía Berro Pizzarossa and Jelle Stekelenburg, BMC International Health and Human Rights, 18.1 (2018) [8 pages]. Article online.

[reproductive rights] “Here to Stay: The Evolution of Sexual and Reproductive Health and Rights in International Human Rights Law,” by Lucía Berro Pizzarossa,  Laws 7.3 (2018): 1-17. Open Access Article.

JOBS

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

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Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our Publications,  Information resources, and Reprohealthlaw Commentaries Series.
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Abortion access on islands: Ireland, N. Ireland & Prince Edward Island

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

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

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

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

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

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

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

6.     The Irish Abortion Debate, by Ciara Meehan

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

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

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

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

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

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

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

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

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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.