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DEVELOPMENTS
COLOMBIA: Corte Constitucional [Constitutional Court] February 21, 2022, Sentencia C-055-22. 27-page Spanish communicado. 27-page unofficial English translation. Nota de Prensa (Spanish). Download unofficial English translation. (Abortion is decriminalized within 24 weeks of gestation.]
INTER-AMERICAN COURT OF HUMAN RIGHTS – EL SALVADOR Manuela et al. v. El Salvador, Inter-Am. Ct. H.R. (ser. C) No 441. (November 2, 2021). Decision in English.. Backup copy. Decision in Spanish. Backup copy in Spanish..Comment by Centre for Reproductive Rights. [El Salvador was held accountable for the arbitrary detention, torture, and conviction of a woman after obstetric emergency and loss of pregnancy in 2008. Convicted of “aggravated homicide.” Two years later, Manuela died from cancer, in prison.]
KENYA: PAK & Salim Mohammed v. Attorney General & 3 Others (Constitutional Petition E009 of 2020) [2022] KEHC 262 (KLR) (24 March 2022) (High Court of Kenya at Malindi) Decision online. Backup copy. Press release by CRR. [Abortion care is a fundamental constitutional right. Arrests of patients and clinicians are illegal. Parliament is directed to align law and policy with the Constitution.]
MEXICO: AI 148/2017 Suprema Corte de Justicia de la Nación 2021, Acción de inconstitucionalidad AI 148/2017, Sept 7, 2021 Decision in Spanish. News report in English. Official press release in Spanish. Official press release in English. [Criminalizing abortion is unconstitutional; state interests in protecting fetus cannot outweigh the reproductive rights of women.]
MEXICO AI 106/2018: Suprema Corte de Justicia de la Nación [Supreme Court] 2021, Acción de inconstitucionalidad AI 106/2018 and 107/2018), Sept. 7, 2021. Decision in Spanish. Official press release in English. [States may not establish a right to life from the moment of conception in their local constitutions]
MEXICO AI 54/2018: Suprema Corte de Justicia de la Nación 2021, Acción de inconstitucionalidad AI 54/2018, Sept 21, 2021. Decision in Spanish. Decision backup. Official press release in English. [This ruling struck down part of the General Law regulating health services nationwide, because it established an expansive right to conscientious objection by medical personnel, without establishing the limits necessary to ensure patients’ rights to healthcare.]
NEW ZEALAND: High Court decision in NZ Health Professionals’ Alliance v Attorney-General, Sept. 24, 2021, upholds sections of the Contraception, Sterilisation, and Abortion Act 1977 (‘CSAA’), amended in the Abortion Legislation Act 2020, regarding conscientious objectors’ duty to refer and (within reason) accommodation of objecting employees. News report. Decision online. Commentary on decision.
NORTHERN IRELAND Judicial review by Northern Ireland Human Rights Commission: In re NIHRC (Abortion), “In the matter of an application by The Northern Ireland Human Rights Commission for Judicial Review – In the matter of the failure by the Secretary of State, Executive Committee and Minister of Health to provide women with access to Abortion and Post Abortion Care in All Public Health Facilities in Northern Ireland [2021] NIQB 91 Delivered 14 October 2021. Decision online. Backup copy. Official Summary. News story. [Secretary of State failed to comply with 2019 Act to “expeditiously” provide women in Northern Ireland with access to high quality abortion and post abortion services].
POLAND: Applications have been filed before the European Court of Human Rights by more than 1,000 Polish women who were denied abortions or who postponed their reproductive decisions out of fear. [because of the Constitutional Tribunal’s October 2020 ruling that disallowed abortion in cases of severe and irreversible fetal defects. Result: almost total ban on abortion.] Human Rights Watch report.
POLAND: “Izabel”, 22-weeks pregnant, died of septic shock in Sept 2021 while doctors waited for her doomed fetus to die within her. Washington Post Nov 2021 article. Mass protests focused on the Oct 2020 abortion ban ruling, but, so far, only hospital and staff have been held accountable. Notes from Poland, Sept. 2022.
UNITED STATES: Dobbs v. Jackson Women’s Health Organization, No. 19-1392, 597 U.S. _ (2022) (Supreme Court of the United States), held that the Constitution of the United States does not confer a right to abortion. Case summary by CRR. Amicus brief by Martha Davis et al. IJGO article and other amicus briefs.
NEW INTERNATIONAL ABORTION CARE GUIDELINE
[WHO] Abortion Care Guideline (Geneva: World Health Organization, 2022). Chapter 2 discusses Law and Policy.
Download the Guideline, or see Overview and Supplementary resources.
SCHOLARSHIP
[abortion law, France] [Why and how to constitutionalize abortion law]: ‘Pourquoi et comment constitutionaliser le droit à l’avortement,” par Stéphanie Hennette-Vauchez, Diane Roman et Serge Slama, La Revue des Droits de l’Homme, Actualités Droits-Libertés | 2022 Juillet 2022. Full text in French.
[abortion law, Latin America] “Pushing Past the Tipping Point: Can the Inter-American System Accommodate Abortion Rights?” by Patricia Palacios Zuloaga, Human Rights Law Review 21.4 (Dec 2021): 899–934. Abstract and Article.
“Abortion Lawfare in Latin America: Some Reading Keys for a Changing Scenario, ” special issue eds. Catarina Barbieri, Camila Gianella, Maria Defago, and Marta Machado (2021) Rev. Direito GV vol. 17 no 3, Sao Paulo, Brazil. Epub Dec 15, 2021. Overview and three articles in English.
[abortion law, Mexico] “The Decriminalization of Abortion: A Landmark Decision by the Mexican Supreme Court,” by Joy Monserrat Ochoa Martínez,and Roberto Niembro Ortega, I-CONnect Blog, Posted: 12 Oct 2021. Expert comment.
[abortion law, Poland] “The Scales of the European Court of Human Rights: Abortion Restriction in Poland, the European Consensus, and the State’s Margin of Appreciation,” by Julia Kapelańska-Pręgowska, Health and Human Rights Journal 23.2 (Dec 2021): 213-224. Abstract and article.
[abortion law, USA] “The state of abortion rights in the US,” by Martha F. Davis. International Journal of Gynecology and Obstetrics 159.1 (Oct 2022): 324-329 Abstract online. Article: free access .
[abortion law, USA] Abortion and the Law in America: Roe v. Wade to the Present, by Mary Ziegler. (Cambridge University Press, 2020). Publisher’s abstract.
“Conscientious Objection and the Duty to Refer,” by Bernard M. Dickens, International Journal of Gynecology and Obstetrics 2021; 155: 556-560. PDF at Wiley Online. Submitted Text at SSRN.
[conscientious objection: Argentina] “Regulating Conscientious Objection to Legal Abortion in Argentina: Taking into Consideration Its Uses and Consequences,” by Agustina Ramón Michel, Stephanie Kung, Alyse López-Salm, and Sonia Ariza Navarrete, Health and Human Rights Journal 22.2 (Dec 2020): 271 – 384. Abstract and article.
[Conscientious objection: South Africa, nurses] “Power dynamics in the provision of legal abortion : a feminist perspective on nurses and conscientious objection in South Africa” by Satang Nabaneh, Doctoral Thesis (LLD)–University of Pretoria, 2020, now online: Doctoral thesis – 290 pages.
Conscientious Objection / The Right to Conscience, an annotated bibliography, updated Feb. 15, 2021 Conscience Bibiography.
[Conscientious objection] Global Map of Norms regarding Conscientious Objection, a searchable interactive map for comparative law, by Agustina Ramón Michel (coordinator) and Dana Repka (CEDES / REDAAS) with the support of Ipas and the ELA team. Updated December 15, 2022: Global Map of Norms re Conscientious Objection.
“Contested Rights: Abortion and Sexual Orientation and Gender Identity in the United Nations,” by Erin Aylward, Ph.D. thesis, University of Toronto, Canada, Nov. 2020. Abortion/SOGI thesis.
[migrants] “International migrants’ right to sexual and reproductive health care,” by Y. Y. Brandon Chen, International Journal of Gynecology and Obstetrics 2022;157: 210–215 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.
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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, Research 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.