REPROHEALTHLAW Updates – Sept 2018

September 30, 2018

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

DEVELOPMENTS

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

CALL FOR PAPERS:

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

SCHOLARSHIP:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ANNOTATED BIBLIOGRAPHIES:

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

Indications for abortion: new annotated bibliographies:

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

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


JOBS

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

 

 

 

 


Physicians’ Challenges under El Salvador’s Criminal Abortion Prohibition

September 30, 2018
Congratulations to Alyson Zureick and her colleagues Amber Khan, Angeline Chen and Astrid Reyes at New York University for their new publication in the Ethical and Legal Issues section of the International Journal of Gynecology and Obstetrics.  A PDF of the published text is now online.  We are pleased to circulate the abstract to REPROHEALTHLAW subscribers.
Alyson Zureick, Amber Khan, Angeline Chen and Astrid Reyes “Physicians’ Challenges under El Salvador’s Criminal Abortion Prohibition.” International Journal of Gynecology and Obstetrics 143 (Oct. 2018) : 121–126.
Early view PDF online.   Submitted text  at SSRN.

El Salvador’s criminal abortion law—one of the few in the world that prohibits all abortions and that is actively enforced against women—harms women’s health and undermines the ethical duties of Salvadoran physicians and the standing of the medical profession. Under the criminal abortion regime, physicians are incentivized to disclose their patients’ confidential medical information, in violation of their ethical duties, and public health care facilities have become sites of criminal investigation. These investigations target women not only for illegal abortions but also for miscarriages and obstetric emergencies. The ban further prevents physicians from providing medical care that is often necessary to preserve a woman’s life or health. Finally, by criminalizing women’s pregnancy outcomes, the regime undermines the country’s recent public health improvement efforts and compounds the marginalization of women and girls from its most vulnerable communities, in violation of the state’s international human rights obligations.

Keywords: Abortion legislation; Criminalization, El Salvador, International human rights, Medical ethics, Reproductive health, Public hospitals.

Full text PDF is now accessible:   Early view PDF online.

Submitted text  can be downloaded through SSRN.

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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.


The Philippines rolls back advances in postabortion care policy

September 30, 2018

Many thanks to Melissa Upreti and Jihan Jacob for their update on Philippine post-abortion care policy, published in the International Journal of Gynecology and Obstetrics.  We are pleased to circulate the reference and abstract:

Melissa Upreti and Jihan Jacob, “The Philippines rolls back advancements in the postabortion care policy,”  International Journal of Gynecology and Obstetrics August 2018; 142: 255–256.   PDF online  Submitted text  at SSRN.

Abstract:  In 2018, the Philippines announced a postabortion care policy that rolls back crucial
safeguards aimed at protecting women who seek medical treatment for postabortion
complications from discrimination and abuse. It replaces another policy that was introduce in 2016, following years of advocacy by national and international advocates who were concerned about the mistreatment of women seeking postabortion care due to discriminatory practices in the health system and abortion stigma. The new policy is narrower in scope than the previous policy and reinforces abortion stigma by emphasizing the legal prohibition on abortion, failing to clarify that women seeking postabortion care need not be reported to the authorities, and not recognizing the availability of complaint mechanisms for women who are mistreated. These and other crucial gaps put the new policy at risk of being in violation of ethical standards of medical care and guarantees of human rights.

KEYWORDS
Abortion; Criminal behavior; Discrimination; Ethical standards; Mistreatment of patients;  Philippines policy reform; Postabortion care; Stigma.

Full text:    PDF online  Submitted text  at SSRN.:

Previous article: “The Philippines’ New Postabortion Care Policy,” by Melissa Upreti and Jihan Jacob.   International Journal of Gynecology and Obstetrics 141.2 (May 2018): 268-275.  PDF at Wiley onlineSubmitted text online at SSRN.

RELATED RESOURCES

Publications by Philippine NGOs: EnGendeRights and Pinsan, the Philippine Safe Abortion Advocacy Network  Philippines postabortion care policy resources.

Saving Women’s Lives:   National Policy on the Prevention and Management of Abortion Complications (DOH AO No. 2016-0041)   Frequently Asked Questions, by EnGenderRights and PINSAN, Dec 2017.  Download 36 pages.

Policy Brief: Access to Safe and Legal Abortion and Post-Abortion Care Can Save
Filipino Women’s Lives, by Clara Rita Padilla  (EnGendeRights, December 2016).

Fact Sheets:  “Safe and Legal Abortion Saves Women’s Lives”  by Clara Rita Padilla (EnGendeRights, Dec. 2016):
1.  Public Health Concerns and Social Costs of Lack of Access to Safe and Legal Abortion and Post-Abortion Care.    Fact Sheet 1
2. Liberalizing Abortion Laws Will Save Women’s Lives: Asian, Predominantly Catholic Countries, and Former Spanish colonies Allowing safe and Legal Abortion; The Philippine Constitution Allows Access to Safe and Legal Abortion  Fact Sheet 2.
3. Philippine Constitutional Guarantees, Comparative Law, International and Regional Human Rights Standards Support the Right to Safe and Legal AbortionFact sheet 3.

Ethical and Legal Issues in Reproductive Health – 86+ concise articles published in the International Journal of Gynecology and ObstetricsEthical/Legal articles.

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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.


REPROHEALTHLAW Updates – August 2018

August 15, 2018

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

DEVELOPMENTS:

Argentina:  Abortion Bill approved by Chamber of Deputies June 14, 2018, and narrowly rejected by Senate (38 to 31) August 9, 2018.  26 speakers at hearings July 31, 2018, included Argentine lawyer Mercedes Cavallo, a doctoral student at the University of Toronto’s Faculty of Law.  Cavallo oral argument (video)Cavallo editorial.   New York Times article.

Brazil: Supreme Court Considers Decriminalizing Abortion.  Public Hearings held August 3-6, 2018.  New York Times article.

Mexico’s newly elected government announces plan to decriminalize abortion in first trimester, nationwide.   EFE News report.

CALL FOR PAPERS:

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

SCHOLARSHIP:

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

[abortion law, Latin America] El aborto en América Latina: Estrategias jurídicas para luchar por su legalización y enfrentar las resistencias conservadoras, por Paola Bergallo, Isabel Cristina Jaramillo Sierra y Juan Marco Vaggione, compiladores,  Buenos Aires: Siglo Veintiuno y RED ALAS, 2018. Libro de 482-paginas en linea.

[abortion law] “From Ireland to Northern Ireland: campaigns for abortion law,” by Angel Li,  The Lancet 391 (10138), 16–22 June 2018, Pages 2403-2404.  Article online.

[abortion law] “Abortion law reform: Why ethical intractability and maternal morbidity are grounds for decriminalisation,” by Andrew McGee, Melanie Jansen and Sally Sheldon. ANZJOG,  Article early view online.

[abortion law] “The paradox of access – abortion law, policy and misoprostol” by Karen Marie Moland, Haldis Haukanes, Getnet Tadele, Astrid Blystad, Tidsskriftet den Norske Legeforening 2:23 January 2018, Article online.

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

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

[conscientious objection, Mexico] “Abortion and conscientious objection: rethinking conflicting rights in the Mexican context,” by  Gustavo Ortiz-Millán, Global Bioethics 29.1 (2018) 15 pages,  Early view online.

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

Indications for abortion: new annotated bibliographies:

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

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


JOBS

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

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

 

 

 

 


Uganda: Harm reduction model for access to safe abortion

August 31, 2017

Congratulations and thanks to Moses Mulumba and his colleagues at the Center for Health, Human Rights and Development (CEHURD) in Kampala for collaborating with Dr. Charles Kiggundu, a gynecologist and obstetrician, on a newly published article in the Legal and Ethical Issues section of the International Journal of Gynecology and Obstetrics.

Access to safe abortion in Uganda: Leveraging Opportunities through the Harm Reduction Model” by Moses Mulumba, Charles Kiggundu, Jacqueline Nassimbwa and Noor Musisi Nakibuuka, International Journal of Gynecology and Obstetrics 138 (August 2017): 231–236.  PDF free online for 12 months Submitted text  online at SSRN.

Access to safe and legal abortion services is a far reach for women and girls in Uganda. Although unsafe abortion rates have fallen from 54 to 39 per 1000 women aged 15-45 years over a decade, absolute figures show a rise from 294 000 in 2003 to 314,000 women having unsafe abortions in 2013.  Unfortunately, only 50% of the women who develop abortion complications are able to reach facilities for post-abortion care.  Despite the clinical evidence and the stories from undocumented cases, debate on access to safer and legal abortion is constricted, moralized, and stigmatized.  The harm reduction model has shown evidence of benefit in reducing maternal mortality and morbidity due to unsafe abortion while addressing related stigma and discrimination and advancing women’s reproductive health rights.  This article presents a case for promoting the model in Uganda.

Key words:  Abortion laws; Abortion policies and guidelines; Constitutional rights; Ethics; Harm reduction model; Human rights; Ugandan abortion law; Unsafe abortion


“Theorizing Time in Abortion Law” by Joanna N. Erdman

June 29, 2017

Congratulations and thanks to Alicia Ely Yamin, Paola Bergallo, and Marge Berer, guest editors of the Health and Human Rights Journal, issue 19.1,  for their wide-ranging special section on “Abortion and Human Rights” (Table of Contents below), including this article by Prof. Joanna Erdman, MacBain Chair in Health Law and Policy at the University of Dalhousie’s Schulich School of Law:

Joanna N. Erdman, “Theorizing Time in Abortion Law and Human Rights,” Health and Human Rights 19.1 (June 2017): 29-40. HTML | PDF

The legal regulation of abortion by gestational age, or length of pregnancy, is a relatively undertheorized dimension of abortion and human rights. Yet struggles over time in abortion law, and its competing representations and meanings, are ultimately struggles over ethical and political values, authority and power, the very stakes that human rights on abortion engage. This article focuses on three struggles over time in abortion and human rights law: those related to morality, health, and justice. With respect to morality, the article concludes that collective faith and trust should be placed in the moral judgment of those most affected by the passage of time in pregnancy and by later abortion—pregnant women. With respect to health, abortion law as health regulation should be evidence-based to counter the stigma of later abortion, which leads to overregulation and access barriers. With respect to justice, in recognizing that there will always be a need for abortion services later in pregnancy, such services should be safe, legal, and accessible without hardship or risk.  At the same time, justice must address the structural conditions of women’s capacity to make timely decisions about abortion, and to access abortion services early in pregnancy.

“Abortion and Human Rights” section in Health and Human Rights Journal 19.1:
Contents page.

Narratives of Essentialism and Exceptionalism: The Challenges and Possibilities of Using Human Rights to Improve Access to Safe AbortionAlicia Ely Yamin and Paola Bergallo  HTML | PDF

Abortion Law and Policy Around the World: In Search of Decriminalization  (Discussion) by Marge Berer   HTML | PDF

Theorizing Time in Abortion Law and Human Rights,   Joanna N. Erdman
HTML | PDF

The Dublin Declaration on Maternal Health Care and Anti-Abortion Activism: Examples from Latin America,  Lynn M. Morgan   HTML | PDF

Regulation of Conscientious Objection to Abortion: An International Comparative Multiple-Case Study,  Wendy Chavkin, Laurel Swerdlow, and Jocelyn Fifield  HTML | PDF

The Role of International Human Rights Norms in the Liberalization of Abortion Laws Globally, Johanna B. Fine, Katherine Mayall, and Lilian Sepúlveda   HTML | PDF

Pregnancy and the 40-Year Prison Sentence: How “Abortion is Murder” Became Institutionalized in the Salvadoran Judicial System,  Jocelyn Viterna and Jose Santos Guardado Bautista   HTML | PDF

Pregnancies and Fetal Anomalies Incompatible with Life in Chile: Arguments and Experiences in Advocating for Legal Reform,  Lidia Casas and Lieta Vivaldi   HTML | PDF

Legal Knowledge as a Tool for Social Change: La Mesa por la Vida y la Salud de las Mujeres as an Expert on Colombian Abortion Law, Ana Cristina González Vélez and Isabel Cristina Jaramillo   HTML | PDF

The Battle Over Abortion Rights in Brazil’s State Arenas, 1995-2006, by Marta Rodriguez De Assis Machado and Débora Alves Maciel    HTML | PDF

Abortion Rights Legal Mobilization in the Peruvian Media, 1990–2015, by Camila Gianella   HTML | PDF

The Moderating Influence of International Courts on Social Movements: Evidence from the IVF Case Against Costa Rica, by Julieta Lemaitre and Rachel Sieder   HTML | PDF

Why is a “Good Abortion Law” Not Enough? The Case of Estonia,  by Liiri Oja   HTML | PDF

Macro- and Micro-Political Vernaculizations of Rights: Human Rights and Abortion Discourses in Northern Ireland  by Claire Pierson and Fiona Bloomer  HTML | PDF

Exploring Legal Restrictions, Regulatory Reform, and Geographic Disparities in Abortion Access in Thailand  by Grady Arnott, Grace Sheehy, Orawee Chinthakanan, and Angel M. Foster    HTML | PDF

Decriminalization and Women’s Access to Abortion in Australia, by Barbara Baird   HTML | PDF

Australia: Abortion and Human Rights, by Ronli Sifris and Suzanne Belton   HTML | PDF

PERSPECTIVE Abortion Care in Nepal, 15 Years after Legalization: Gaps in Access, Equity, and Quality, by Wan-Ju Wu, Sheela Maru, Kiran Regmi, and Indira Basnett   HTML | PDF

 


The REPROHEALTHLAW Blog is compiled by the International Reproductive and Sexual Health Law Program, Faculty of Law, University of Toronto, Canada,  reprohealth*law at utoronto.ca and @reprohealthlaw.   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


Uterus transplants: Legal and Ethical Issues

June 14, 2016

Congratulations to Bernard M. Dickens, Professor Emeritus of Health Law and Policy and Co-Director of the International Reproductive and Sexual Health Law Program at University of Toronto’s Faculty of Law, who recently published the following article:

Bernard M. Dickens, “Legal and Ethical Issues of Uterus Transplantation,” International Journal of Gynecology and Obstetrics 133.1(2016): 125-128.

Abstract:
The clinically detailed report of a successful uterus transplantation and live birth in Sweden, in which a family friend donated her uterus, provides a basis for expanded practice. Family members and friends can serve as living donors without offending legal or ethical prohibitions of paid organ donation, even though family members and friends often engage in reciprocal gift exchanges. Donations from living unrelated sources are more problematic, and there is a need to monitor donors’ genuine altruism and motivation. Donation by deceased women – i.e. cadaveric donation – raises issues of uterus suitability for transplantation, and how death is diagnosed. Organs’ suitability for donation is often achieved by ventilation to maintain cardiac function for blood circulation, but laws and cultures could deem that a heartbeat indicates donors’ live status. Issues could arise concerning ownership and control of organs between recovery from donors and implantation into recipients, and on removal following childbirth, that require legal resolution.

Keywords: Altruistic uterus donation, Brain death, Cadaveric uterus donation, Ethics in uterus donation, Legality of uterus donation, Organ transplantation, Uterus donation.

The entire article is online here.

72 other IJGO articles on “Ethical and Legal Issues in Reproductive and Sexual Health” are online here.