Rethinking human rights and criminal law on sexuality, gender & reproduction

April 22, 2019

Congratulations to the editors and authors of this new book, which examines the ways in which recourse to the criminal law is featured in work by human rights advocates regarding sexuality, gender, and reproduction. It also presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. We are pleased to circulate links and the full Table of Contents:

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.
Book abstract and information.    Intro and excerpts from pp. 3-55 online.

TABLE OF CONTENTS:

Introduction, by Alice M. Miller and Mindy Jane Roseman with Zain Rizvi, pp. 1-16. mostly online.

PART I: TRANSNATIONAL THEORY AND PRACTICE
1.  Janet Halley in conversation with Aziza Ahmed: Interview,. 17-38.  mostly online.
2.  Seismic Shifts: How prosecution became the go-to tool to vindicate rights, by Alice M. Miller with Tara Zivkovic, 39-53. 2 random pages online.
3.  The Harm principle meets morality offences: Human rights, Criminal Law, and the regulation of sex and gender, by Alli Jernow, 54-74  2 initial pages online.
4.  Reflections of a human rights activist, by Widney Brown,  75-90

PART II. NATIONAL HISTORICAL PERSPECTIVES

5.   Virtuous Rights: On prostitution exceptionalism in South Korea, by Sealing Chen, and Ae-Ryung Kim, 93-113
6.   Brazilian Sex Laws: Continuities, ruptures and paradoxes, by Sonia Correa and Maria Lucia Karam, 114-133
7.   The Reach of a skirt in Southern Africa: Claims to law and custom in protecting and patrolling relations of gender and sexuality, by Oliver Phillips, 134-157.
8.   Abortion as treason: Sexuality and Nationalism in France, by Mindy Jane Roseman,  158-170

PART III: CONTEMPORARY NATIONAL CONCERNS

9.  Wanja Muguongo in Conversation with Alice M. Miller: Interview, pp. 173-184
10.  Criminal law, activism, and sexual and reproductive justice: What we can learn from the sex selection campaign in India, by Geetanjali Misra and Vrinda Marwah, 185-198
11.  Poisoned Gifts: Old moralities under new clothes? by Esteban Restrepo Saldarriaga. 199-219
12.  The Filth they bring: Sex panics and racial others in Lebanon, by Rasha Moumneh, 220-232.
13.   Objects in political mirrors may not be what they appear, by Scott Long,  233-247
14.   Harm Production: An Argument for Decriminalization, by Joanna N. Erdman, 248-268.
Notes, List of Contributors, Index, and Acknowledgments.

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.
Book abstract.    Intro and excerpts from pp. 3-55 online.

Related resources:

Stigmatized Meanings of Criminal Abortion Law’ by Rebecca J. Cook, in: RJ Cook, JN Erdman and BM Dickens (eds), Abortion Law in Transnational Perspective: Cases and Controversies (University of Pennsylvania Press 2014).  Article abstract.  Table of Contents.

[U.K.]”The Decriminalisation of Abortion: An Argument for Modernisation,” by Sally Sheldon.  Oxford Journal of Legal Studies, Vol. 36, No. 2 (2016), pp. 334–365   Institutional Access
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Compiled by: the International Reproductive and Sexual Health Law Program, reprohealth*law at utoronto.ca.   See Program website for our PublicationsInformation resources, and Reprohealthlaw Commentaries Series.
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REPROHEALTHLAW Updates – February 2019

February 19, 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.

DEVELOPMENTS:

[abortion] Ireland – The Health (Regulation of Termination of Pregnancy) Act was signed into law, effective January 1, 2019.  Medical Council also deleted four of the five paragraphs dealing with abortion from its guide on professional conduct and ethics because they conflicted with the Act.  Newspaper article.

[abortion -Northern Ireland] UK Supreme Court had ruled in June ([2018] UKSC 27 (7 June 2018)  On appeal from: [2017] NICA 42that violation of European Convention on Human Rights could not be decided without at least one complainant.  On January 30, 2019,  Sara Ewart, who had once travelled for abortion of a fatally impaired fetus, launched a case that could find Northern Ireland’s abortion law in breach of the UK’s human rights commitments. She is supported by Amnesty International.  News articleAmnesty International press release.

[conscience – institutional] Chile, Constitutional Court upheld an unconstitutionality claim against the government’s new Regulations about the scope of “institutional” conscientious objection for private facilities and clinics.  STC Rol N° 5572-18-CDS / 5650-18-CDS (acumuladas). January 18, 2019.   Spanish decision  English news report.

[conscience]   Norway: Supreme Court upholds rights of doctor who refused to insert IUD.  Two cases: I. Sauherad municipality (Counsel Frode Lauareid) v. A, Norges Kristelige Legeforening (intervener) (Counsel Håkon H. Bleken), II. A, Norges Kristelige Legeforening (intervener) (Counsel Håkon H. Bleken) v. Sauherad municipality (Counsel Frode Lauareid, HR-2018-1958-A (case no. 2018/199), 11 October 2018 (Supreme Court of Norway) Judgment online in English – official translation.      Newspaper article.

[stigma] US:  Vending Machines Offer Emergency Contraception Without the Stigma introduced in 2012, now at several campuses, including Stanford University.   News report.

SCHOLARSHIP:

[abortion access]  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.      Table of ContentsPublisher’s web page.

[abortion law]   “Criminal law and the risk of harm: a commentary on the impact of criminal laws on sexual and reproductive health, sexual conduct and key populations,” by Veronica Birga, Luisa Cabal, Lucinda O’Hanlon & Christina Zampas.   Reproductive Health Matters, 26.52 (2018): 33-37 Article online.

[abortion law, Argentina] Federalism, two-level games and the politics of abortion rights implementation in sub-national Argentina, by Alba Ruibal, in Reproductive Health Matters 26:54 (Nov. 2018): 137-144.   Article in English with abstracts in English. French & Spanish.

[abortion law, Argentina] “Legal obstacles and social change: strategies of the abortion rights movement in Argentina,” by Alba Ruibal and Cora Fernandez Anderson, in Politics, Groups and Identity,  preview November 2018, 17 pages.  Institutional access.   Abstract from Safe Abortion.

[abortion law, Argentina]”Federalism and subnational legal mobilization: feminist litigation strategies in Salta, Argentina,” by Alba Ruibal,  Law & Society Review,  32-page preview 29 October 2018. Institutional access.    Abstract from Safe Abortion.

[abortion law – Brazil]  Constitutionalizing Abortion in Brazil, by Marta Machado and Rebecca J. Cook, Revista de Investigações Constitucionais / Journal of Constitutional Research, vol. 5, n. 3 (set./dez. 2018) pp.185-231.  Abstract and Article PDF.   Also at SSRN.

[abortion law – Brazil and Mexico]  “Constitutionalism and rights protection in Mexico and Brazil: comparative remarks, by Francisca Pou Giménez, in Revista de Investigações Constitucionais / Journal of Constitutional Research, vol. 5, n. 3 (set./dez. 2018) pp 233-255  Abstract and article PDF.

[abortion law, Dominican Republic]  “It’s Your Decision.  It’s Your Life:  Total criminalization of abortion in the Dominican Republic.”  interviews, plus legal overview and recommendations.  (Human Rights Watch, Nov 19, 2018).   84 pages. English PDF    Spanish PDF.   Online in English.    Overview with 5-minute video.

[abortion law -Ireland]  “Abortion, the Irish Constitution, and constitutional change” by David Kenny, Revista de Investigações Constitucionais / Journal of Constitutional Research, vol. 5, n. 3 (set./dez. 2018) pp. 257-275.   Abstract and Article PDF.

[abortion law, Mexico] “Maternidad o Castigo:  La criminalización del aborto en Mexico,”  (Mexico, GIRE, 2018)  [Report in Spanish:] Informe de 72 paginas.  For executive summary in English, see: Motherhood or Punishment: The criminalization of abortion in Mexico:  English summary.

[abortion law] “Northern Ireland and Abortion Law Reform,” by Kathryn McNeilly, Fiona Bloomer and Claire Pierson,  Queen’s University, Ulster University and University of Liverpool, Sept. 2018, open access, 8 pages.  Briefing Paper.

[adolescents]  “(De)Criminalizing Adolescent Sex: A rights-based assessment of age of consent laws in Eastern and Southern Africa,” by Godfrey Dalitso Kangaude and Ann Skelton, SAGE Open (Oct-Dec 2018): 1 –12.   Article online.   Abstract.

[conscience]  “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, UK:  Elgar, 2018).  Abstract and previous version.

[conscience]  “Religious Refusals and Reproductive Rights,” by Louise Melling, chapter 14 in:  The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality, ed. Susanna Mancini and Michel Rosenfeld (Cambridge, UK:  Cambridge University Press, 2018)  pp. 375-391.   Institutional Access.

[conscience]  “Seeking to square the circle:  Conscientious objection in Reproductive Healthcare” by Emmanuelle Bribosia and Isabelle  Rorive, chapter 15 in:  The Conscience Wars: Rethinking the Balance between Religion, Identity, and Equality, ed. Susanna Mancini and Michel Rosenfeld (Cambridge, UK:  Cambridge University Press, 2018)  pp. 392-413.  Institutional Access.    Abstract and previous version

 

[gender stereotyping, I.V. v. Bolivia, sterilization]  “The human rights impact of gender stereotyping in the context of reproductive health care,” by Ciara O’Connell and Christina Zampas,  International Journal of Gynecology and Obstetrics 144 (2019):  116–121.  PDF online here.

[maternal health] Impact of reproductive evolutionary mismatch on women’s health and the need for action and research, by Mahmoud F. Fathalla, International Journal of Gynecology and Obstetrics 144 (Feb. 2019): 129–134.  Institutional Access.  

[New book] 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. Book information.
Intro and chapters 1 and 3 online.
Chapters about abortion law include:
ο    “Abortion as Treason: Sexuality and nationalism in France” by Mindy Jane Roseman
ο    “Criminal Law, Activism and Sexual and Reproductive Justice: What we can learn from the sex selection campaign in India,” by Geetanjali Misra and Vrinda Marwah
ο    “Harm Production: An argument for decriminalization,”  by Joanna N. Erdman

JOBS

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

Senior Vice President, Global Legal Program, Center for Reproductive Rights, New York, USA.    Job details and application form.

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

 

 

 

 


Decisions, Guidelines, Courses, Resources, News & Jobs

April 10, 2013

REPROHEALTHLAW-L
April 10, 2013

DECISION

United States:  Emergency Contraception must be made available over-the-counter, without prescription, to women of all ages.
Decision of April 5, 2013,  Tummino et al. v. Hamburg et al.
can be downloaded here.
Initial press release from Center for Reproductive Rights:  online here.
Overview of CRR’s decade-long litigation campaign is online here.

GUIDELINES:

New FIGO guidelines on “Safe Motherhood” published by the FIGO Committee for the Ethical Aspects of Human Reproduction and Women’s Health in the International Journal of Gynecology and Obstetrics 120.3 (March 2013): 312-313, mention: “Where abortion is not against the law, every woman should have the right, after appropriate counseling, to have access to medication or surgical abortion. The healthcare service has an obligation to provide such services as safely as possible. Proper medical and humane treatment should be made available to women who have undergone an unsafe abortion.”

For other FIGO Ethical Guidelines on abortion, contraception and related subjects, in English French and Spanish, click here

 COURSES

[Argentina] Diplomatura en Salud y Derechos Sexuales y Reproductivos (SDSR). Gestión Integral de Políticas, Programas y Servicios, Inicia 18 de abril de 2013, Buenos Aires, Argentina.
Spanish course information online.

[US] The Global School on Judicial Enforcement of ESC Rights Course on Health Rights Litigationone-week intensive course, Sept. 16-20, 2013 at Harvard University in Boston, MA, includes reproductive and sexual health;  designed for PhD students, scholars, practitioners (e.g., law, public health, human rights or development), policy-makers and advanced master’s students. The number of participants is restricted, and applications are due to rcantor{at}hsph.harvard.edu  by June 1, 2013.  For application and more course details,
see Current Projects, Item 3(A), here.  

RESOURCES

[abortion: Barbados] “Capturing the Moment: The Barbados Experience of Abortion Law Reform – An Interview with Dame Billie Miller,” by Dame Billie Miller and Nicole Parris in Social and Economic Studies 61.3(Sept 2012) Special Issue on Women’s Reproductive Health and Rights in Select Caribbean Countries (Guest Editors: Taitu Heron and Shakira Maxwell): Article online.

[abortion: Germany and Canada]“ The German Abortion Decisions and the Protective Function in German and Canadian Constitutional Law by Vanessa MacDonnell and Jula Hughes, forthcoming in Osgoode Hall Law Journal (Summer 2013): Text available online.

[abortion: Guyana]  “Legal but Inaccessible: Abortion in Guyana.” by Fred Nunes in Social and Economic Studies 61.3(Sept 2012) Special Issue on Women’s Reproductive Health and Rights in Select Caribbean Countries (Guest Editors: Taitu Heron and Shakira Maxwell):  
Article online.

[abortion, Jamaica]  “Fighting a Losing Battle? Defending Women’s Reproductive Rights in Twenty-First Century Jamaica.” by Shakira Maxwell in Social and Economic Studies 61.3(Sept 2012) Special Issue on Women’s Reproductive Health and Rights in Select Caribbean Countries (Guest Editors: Taitu Heron and Shakira Maxwell):  
Article online.

“Religion, Culture and Tradition: Strengthening Efforts to Eradicate Violence against Women,” by Shareen Gokal and Sandra Dughman Manzur, AWID briefing document for CSW57, contains useful links and summaries of relevant international human rights instruments and discussion of religious justifications for human rights violations. Download from AWID.

[emergency contraception] UN 57th Session of the Commission on the Status of Women agrees to end violence against women and girls, including and the agreed language explicitly calls for accessible and affordable health care services, including emergency contraception, for victims of violence:  Agreed conclusions online.  

[Farsi / Persian resource for Iranian women] 1500-word excerpt from Rebecca Cook’s “State Responsibility for Violations of Women’s Rights,” (1994) has been translated and published in an online open-access journal, Law, Culture and Gender, issue 11, (2013) by the Institute for War and Peace Reporting:   
1500-word excerpt in Farsi (Persian).

“Human Rights and Accountability,” PMNCH Knowledge Summary #23, Partnership for Maternal, Newborn and Child Health, 2013:
4-page overview with references.

Jurisprudence on Health and Reproductive Rights, summarized by Center for Justice and International Law (CEJIL)
 in English and  in Spanish

Jurisprudence summaries on gender violence, equality and discrimination, rights of children and adolescents, also by CEJIL:
in English     and in Spanish  

 Other CEJIL Publications, including summaries of Norms in the Inter-American Human Rights System:   in English;   in Spanish

“Religion, Culture and Tradition: Strengthening Efforts to Eradicate Violence against Women,” by Shareen Gokal and Sandra Dughman Manzur, AWID briefing document for CSW57, contains useful links and summaries of relevant international human rights instruments and discussion of religious justifications for human rights violations. Download from AWID.

Reprohealthlaw – Legal commentaries on past decisions and developments are online here.

NEWS:

France’s Free Abortion Law Takes Effect.  Huffington Post article.

[abortion] Indonesia and Pakistan have new hotlines for info about safe medical abortion     ASAP blog post
More info re Pakistan hotline.

Northern Irish women risk jail for using abortion pills.  news report.

Philippines Supreme Court stops implementation of Reproductive Health Law for 120 days. news report.

Philippines needs resolute political support on reproductive health. editorial by Melissa Upreti.

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

JOBS

Legal Assistant for Europe and Global Advocacy Programs, Center for Reproductive Rights, NY USA, apply by April 18, 2013.  Job details.

Program Associate, Global Legal Program, Center for Reproductive Rights.  Apply by April 13, 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.
Our Annual Report for 2012 is now online through our homepage.


Court decisions, Resources, News, Fellowships and Jobs

October 17, 2012

REPROHEALTHLAW-L
Oct 17, 2012

COURT DECISIONS

Argentina – Supreme Court approves abortion for raped woman forced into prostitution  News report   
Related criminal complaint against Buenos Aires mayor for divulging private information to delay abortion   News report

Canada:  Supreme Court:  Low-risk ARV patients need not disclose HIV positive status to sex partners if condom used.  Such deception no longer poses “significant risk of serious bodily harm”.   R. v. Mabior, 2012 SCC 47, Oct 5, 2012.  Decision online.

Colombia:  Constitutional Court  ruling reaffirms the duty of all State public employees to provide accurate information on sexual and reproductive health and rights.  In this historic decision, Sept. 12, 2012, the Court ruled against government officials who were disseminating false, incomplete or distorted information, in blatant disregard for the verifiable findings of judicial, scientific and legal authorities.  Press releases from Women’s Link Worldwide: 
English press release 
Spanish press release

European Court of Human Rights, July 24, 2012, D.J. v Croatia:
Croatia failed to adequately investigate rape claim.  Decision online 
Interights submitted a third-party brief on secondary victimization of rape victims by law enforcement and justice personnel. 
Overview & links to brief

RESOURCES

“Abortion Worldwide” – Guttmacher educational video (4 minutes)  illustrates key evidence and statistics:   
English video       Spanish video     French video

[abortion] Dignity and Sexuality: Claims on Dignity in Transnational Debates Over Abortion and Same-Sex Marriage, by Reva B. Siegel. I•CON 10 (2012), 355-379; Yale Law School, Public Law Working Paper No. 259. Working paper online

[abortion, Nepal]  10th Anniversary of 2002 decriminalization of abortion.  Since then, maternal deaths have declined 78%.
(3 short videos by ASAP):
1. Nepal Before the Decriminalization Bill of 2002, interview with Dr. Anand Tamang, director of CREHPA, Nepal
about the research studies that gave activists the ammunition they needed to challenge the abortion law    5 minute video
2. The Legal Struggle to Decriminalize Abortion – interview with Advocate Sapana Pradhan Malla recalls the legal struggle to create an abortion exemption under the homicide law.  Nepal still needs a separate rights-based law   5 minute video
3.Increasing Access to Safe Abortion – interview with Dr. Indira Basnett, Director Ipas Nepal,  re strategies to improve Accessibility, Acceptability and Affordability  5 minute video 

[abortion stigma]  Ethicist Leslie Cannold’s 19-minute video explains the problem abortion stigma and suggests how to break the cycle of shame, silence and ignorance    19-minute video

[abortion UK] “Abortion: The Civilised Solution” – Dr. Ellie Lee advocates decriminalization of abortion in discussion with young people. 44-minute video

[conscientious objection] “Is there no alternative? Conscientious objection by medical students” by Robert F Card,  Journal of Medical Ethics  38 (2012):  602-604.  Abstract does not not mention abortion, but article does.   article & abstract

Conscientious Objection to Sexual and Reproductive Health Services: International Human Rights Standards and European Law and Practice, by Christina Zampas and Ximena Andión-Ibañez,  European Journal of Health Law 19 (2012) 231-256.   article online.

[assisted repro – Latin America]  The Legal Status of In Vitro Fertilization in Latin America and the American Convention on Human Rights, by Martin Hevia & Carlos Herrera Vacaflor.  Suffolk Transnational Law Review, Forthcoming.  Article online

[maternal mortality/morbidity reduction] “Technical guidance on the application of a Human Rights-based Approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality,” submitted to UN Human Rights Council, July 2, 2012    Press Release       Guidance Document  

Gender Issues and International Human Rights: An Overview” by Dianne L. Otto, Human Rights Law Series, Edward Elgar (2012); U of Melbourne Legal Studies Research Paper No. 606.  Article online

Reproductive and Sexual Health Law – upper-year course at University of  Toronto law school – course materials available online for noncommercial educational use or adaptation to other contexts.  Course materials online

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

NEWS:

[abortion – Australia] “Politics v women’s health: RU486 and the TGA saga ”  Mifepristone (RU486) finally added to Australia Register of Therapeutic Goods (ARTG) in August 2012.   News report 

France will reimburse abortions 100%, begining 2013.  News report.

[abortion – Jamaica] CEDAW urges Jamaica to reconsider abortion laws for cases of rape, incest. News report.

[abortion – Morocco] – Abortion ship launches safe abortion hotline in Morocco.  Press release

[abortion – Northern Ireland] New Marie Stopes clinic to offer abortion services within current legal framework.  News report

[abortion – Uruguay]  Uruguay set to legalize abortion -final debate in Senate begins today.   News report

 FELLOWSHIPS

Center for Reproductive Rights/Columbia Law School Fellowship
2-year, post-graduate fellowship, to prepare recent law school graduates for legal academic careers in reproductive health and human rights.  For the 2013-2015 cycle, apply by October 29, 2012.  Fellowship details

Law Students for  Reproductive Justice – Fellowship Program for current 3Ls and recent law school graduates interested in working to advance reproductive justice through policy advocacy.  Apply by Nov  1, 2012.  Fellowship details

JOBS

Executive Director, Canadians for Choice, apply by Oct 26, 2012. 
Job details

Women’s Legal Rights Advisor – Mexico – apply by Nov 15, 2012. 
Job details

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

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Compiled by the Coordinator of the International Reproductive and Sexual Health Law Program, Email  reprohealth*law (a) utoronto*ca
For Program publications and resources, see our website, online here.